Publications
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"Website cookies and privacy—GDPR, CCPA, and evolving standards for online consent" by Amanda R. Lawrence, Sasha Leonhardt, and Magda Gathani (Bloomberg Law)
Virtually all companies with high-traffic websites use cookies to track visitors’ online experience, but global best practices in disclosing the use of cookies—and obtaining visitors’ consent to their use—have proven elusive despite intense scrutiny from privacy advocates. With requirements varying...
Articles"Congress may restore SEC’s disgorgement power" by Meghann Fogarty Kovler and Mehul Madia
Congress is considering legislation that would clarify and significantly expand the Securities and Exchange Commission’s disgorgement powers, two years after the Supreme Court curtailed them in ruling that they were penalties subject to a five-year statute of limitations. The decision in...
Buckley Commentary & Analysis"BankThink: Congress needs to hurry up on data protection" by Jeremiah S. Buckley (American Banker)
Data is the lifeblood of the burgeoning digital economy. The debate about its use — and its protection — is now playing out globally. As big data, artificial intelligence and machine learning increasingly shape everyday lives, Congress will have some important policy choices to make, weighing how...
Articles"Night of the living SEC injunction" by Matthew E. Newman and Lauren R. Randell (Law360)
Just in time for Halloween, a decision by the U.S. Court of Appeals for the Third Circuit raises the specter that conduct once considered time-barred can return from the dead to haunt defendants in the securities industry. The case, U.S. Securities and Exchange Commission v. Gentile, further...
ArticlesSpecial Alert: HUD, DOJ sign MOU on mortgage False Claims Act violations
On October 28, HUD and DOJ announced a long-awaited Memorandum of Understanding (MOU), which provides prudential guidance concerning the application of the False Claims Act to matters involving alleged noncompliance with FHA guidelines. The announcement was made by HUD Secretary Dr. Benjamin S...
Special Alerts"A new era of FCRA scrutiny for consumer data furnishers" by Jessica L. Pollet and Frida Alim (Law360)
Furnishers provide information to consumer reporting agencies on over 1.3 billion consumer credit accounts or other tradelines each month, with the three largest national consumer reporting agencies holding the personal information of over 200 million consumers. Given the extent of the consumer...
ArticlesSpecial Alert: California attorney general releases proposed CCPA regulations
Last week, the California attorney general released the highly anticipated proposed regulations implementing the California Consumer Privacy Act (CCPA). The CCPA — which was enacted in June 2018 (covered by a Buckley Special Alert ), amended several times and with the most recent amendments signed...
Special Alerts"Apropos of nothing: The possible demise of the Fifth Circuit post-sentencing objection" by Elizabeth R. Bailey
Should the courts penalize criminal defendants on appeal when their attorneys fail to utter magical (but duplicative) words at the end of sentencing? The U.S. Court of Appeals for the Fifth Circuit continues to require a formal post-sentencing objection to the length of a sentence to preserve...
Buckley Commentary & Analysis"Email notice lessons from 7th Circ. debt collection ruling" (Lavallee v. Med-1 Solutions LLC) by Marshall T. Bell and John C. Redding (Law360)
Consumers increasingly expect to have access to information and the ability to conduct business at the time and place of their choosing, whether shopping for goods and services or managing their finances. Often, that means they expect service providers to communicate with them by email, text or...
Articles"Why doesn’t McDonnell apply to foreign bribery?" by Nadav Ariel
Two circuit courts recently concluded that the Supreme Court’s McDonnell decision, which limited the scope of acts that constitute domestic bribery, does not apply in cases alleging bribery of foreign officials. The immediate consequence of the decisions from the U.S. Court of Appeals...
Buckley Commentary & Analysis