Uncertainty over the definition of an 'automatic telephone dialling system' under the Telephone Consumer Protection Act has fuelled a steady flow of litigation for over a decade. In 2020 four federal courts of appeals addressed the issue, with no consensus on the proper scope of the statutory definition. In Facebook Inc v Duguid, a unanimous Supreme Court resolved the longstanding dispute over the autodialer definition and provided much-needed clarity for businesses and consumers.
California voters have approved the California Privacy Rights Act (CPRA), a new law coming into effect on 1 January 2023 that will significantly amend the California Consumer Privacy Act. The CPRA will, among other things, modify existing consumer rights and create new rights and establish the United States' first dedicated privacy enforcer. Despite never having been reviewed by California's legislature, the CPRA also limits the extent to which its provisions can be amended through future legislation.
In response to the significant rise in ransomware attacks since the start of the COVID-19 pandemic and just in time for Cybersecurity Awareness Month, the Treasury Department's Financial Crimes Enforcement Network and the Office of Foreign Assets Control recently issued advisories on the potential legal risks of making or facilitating ransomware payments.
The Department of Commerce, the Department of Justice and the Office of the Director of National Intelligence have jointly issued a white paper containing information about privacy protections under the US law for national security access, with a particular focus on the issues raised by the European Court of Justice (ECJ) in its Schrems II decision. The white paper focuses on practical applications of the legal authorities that the ECJ examined and discounts mere 'theoretical possibilities' that are unlikely to occur.
The California attorney general recently issued the final implementing regulations for the California Consumer Privacy Act. The final regulations – which had been under review by the California Office of Administrative Law since 1 June 2020 – include several changes to the previous draft regulations and take effect immediately. Most of the changes relate to grammar, formatting and drafting consistency, but several substantive provisions have been withdrawn entirely for additional consideration.
The Second Circuit recently affirmed the insider trading conviction of Benjamin Chow, a corporate outsider who was found guilty of tipping off his former colleague about a potential acquisition of a US publicly traded company. The Second Circuit has once again addressed the issue of whether the breach of a duty of confidentiality created by a non-disclosure agreement can form the basis for insider trading liability. This is a cautionary tale for corporate outsiders of the potential liability that they could face.
Since the Supreme Court's decision in United States v Kelly, the scope of the decision's impact on federal white collar criminal prosecution has been an open question. The potential implications for insider trading prosecutions were made clear in United States v Blaszczak, with the Supreme Court vacating a US Court of Appeals for the Second Circuit decision that had affirmed four insider trading convictions. As these cases reflect, the scope of insider trading liability has been, and remains, in a state of flux.
The Biden administration has hit the ground running, issuing a flurry of executive orders, actions and memoranda with sweeping implications affecting a wide range of key issues. Companies should look internally and evaluate risks with particular consideration for administration priorities. This risk assessment can help to inform updates to compliance protocols. This article discusses where the administration is likely to focus its civil and criminal enforcement efforts in the months and years ahead.
When the United States began grappling with COVID-19 in March 2020, the US Securities and Exchange Commission (SEC) Division of Enforcement acted swiftly to make clear to market participants that it was ramping up its efforts to identify and prevent fraud in the wake of the pandemic. Approximately seven months later, statistics released by the SEC bear this out.
Individual prosecutions under the Foreign Corrupt Practices Act (FCPA) have markedly increased over the past five years. This increase in case law will help to better define local, regional and international enforcement. In addition, more FCPA case law shedding clarity on open issues will be a boon to lawyers, judges and scholars seeking to understand the contours of a complex statute – the elucidation of which has previously been almost the sole province of enforcers.