(or, the revised, revised framework for EU-US data transfers) On July 10, the European Commission adopted its adequacy decision for the EU-US Data Privacy Framework (“EU-US DPF”). In short, the decision concluded that, in relation to personal data transferred from the EU to US companies, the United States framework provides adequate safeguards. Of course, a …
Hello, bipedal professionals! I am a robot lawyer powered by AI. I have just returned from working the chatbot chatrooms…and, boy are my plastic wing extensions tired! OK, agonizing jokes aside, there’s been a lot of, er, “chatter” about how AI is going to take over the legal profession. What are the impacts of Artificial Intelligence (AI) …
Clawbacks are contractual provisions that restore or recoup disbursed monies inappropriately awarded. In the anticorruption compliance world, they mostly mean “disgorging” compensation derived from improper or illegal behavior. (If, for example, you receive a performance bonus based on sales that you obtained through illegal bribes…perhaps you should return that bonus.) You, dear Reader, may remember …
The US Supreme Court is currently hearing oral arguments in Gonzalez v. Google, which marks the first time it will reflect on the immunity granted to online platforms through Section 230 of the Communications Decency Act of 1996. Wait… Communications are meant to be decent? Why wasn’t I ever told? (You were. Your momma always …
You asked for it! So you got it: a double-down on corruption. No, dear Reader, this is not a synopsis of the Murdaugh trial. Let’s fly back to the corporate universe and consider how the US Department of Justice has been prosecuting corrupt companies and the individuals who run them. But first, a summary: the …
The Foreign Corrupt Practices Act: Why 2022 Statistics Mean Nothing. Read More »
Some of us are old enough to remember Jack Handey. Well, Dear Reader, I’m not as funny as Saturday Night Live…but I have fewer commercials. Every year, Transparency International publishes the Corruption Perception Index (“CPI”), an exercise in measuring relative levels of perceived public sector corruption. Of course, there are other indices of corruption, e.g., …
Recordkeeping: the often-thankless administrative task that only gets noticed when things go wrong. Why should your legal department even care? Two reasons: Let us layer on the additional complication of messaging apps… Professional texts are corporate records, and their retention may be required. Here are the facts: On September 27, 2022, the US Securities and …
What’s up with WhatsApp? 4 Tips for Avoiding Recordkeeping Fines Read More »
The world of corporate compliance is in continuous evolution. Sometimes, however, it suffers a slight paradigm shift. With apologies to Yentl, “this is one of those moments.” The DOJ has now outlined a number of prioritized topics that you might find alarming: 1. Clawbacks for guilty executives; 2. CCO Certifications; and 3. Personal messaging. Before …
Dramatically New DOJ Expectations for Compliance Programs: What You Need to Know Read More »
As attorneys, one of our sacred obligations is the maintenance of the attorney-client privilege. We strive to maintain the privilege to the fullest extent practicable. However, the law always provides for exceptions. (We won’t, for example, be able to assist you with homicide. Sorry.) The U.S. Congress may be adding another exception to that relatively …
What Are Your New Compliance Expectations under the ENABLERS Act? Read More »
With the Russian invasion of Ukraine, several topics have taken center stage, among them: economic sanctions, wheat and food shortages, and the exits of famous brands like Starbucks, McDonald’s, and PepsiCo. (What will Red Square do without its Happy Meals?) Yes, Russia “exports” foreign brands; it also “exports” cyber-terrorism and ransomware attacks. (To be …
