Latest updates

California voters approve significant CCPA changes
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 20 November 2020

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.

SEC ramps up enforcement activity in wake of COVID-19
Hogan Lovells
  • White Collar Crime
  • USA
  • 26 October 2020

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.

New Mexican Official Standards for ozone and particles in air
  • Environment & Climate Change
  • Mexico
  • 19 October 2020

The Ministry of Health recently published two projects on the National Regulatory Improvement Commission's online system for consultation. Each project proposes to introduce new goals and standards for air quality in Mexico through a five-year implementation plan that would see a gradual reduction of the concentration of particles and ozone in the environment.

Treasury Department issues ransomware guidance in response to significant uptick in ransomware attacks
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 09 October 2020

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.

Government issues white paper regarding EU-US personal data transfers
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 02 October 2020

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.

New digital services tax introduced
  • Tech, Data, Telecoms & Media
  • Mexico
  • 11 September 2020

Mexico recently introduced a new digital services tax. Under the new rules, paid-for digital services provided via digital content or apps through the Internet or any other fundamentally automated network are subject to specific value added tax rules if the user of the service is located in Mexico. This article provides a general summary of the new tax rules.

Individual prosecutions under FCPA: more trials and more case law
Hogan Lovells
  • White Collar Crime
  • USA
  • 07 September 2020

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.

Final CCPA regulations approved, including additional changes
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 04 September 2020

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.

New national environment and natural resources policy
  • Environment & Climate Change
  • Mexico
  • 03 August 2020

The Ministry of Environment and Natural Resources recently published the Environment and Natural Resources Sector Programme for 2020 to 2024, which is the nationwide policy on environment. The policy sets out five main objectives that will serve as a guide for all other federal and local environmental policies, strategies and decisions and includes various methods for determining the progress made on the implementation of its strategies and achieving the goals set for 2024.

COVID-19 and Mexican telecoms sector
  • Tech, Data, Telecoms & Media
  • Mexico
  • 17 July 2020

When the COVID-19 pandemic arrived in Mexico in Spring 2020, the Federal Telecommunications Institute issued a decree to order the maintenance of telecoms and broadcasting network operations, enhance information and communication technologies to counteract the effects of the contingency measures and encourage preventive measures and avoid the spread of misleading information. This article examines these provisions in brief.

National Advertising Division issues decision on 100% natural, satiety and curbing cravings claims
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 17 July 2020

A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, addresses the level of proof necessary to support 'natural' and 'satiety' claims involving competing experts and a variety of scientific data in dispute. Beyond NAD's specific findings, the decision also provides useful insight into how NAD evaluates health benefit and related claims and analyses the corresponding scientific evidence and other substantiation.

DOJ updates roadmap to effective compliance programmes
Hogan Lovells
  • White Collar Crime
  • USA
  • 06 July 2020

The US Department of Justice (DOJ) has updated its guidance on the Evaluation of Corporate Compliance Programmes, providing increased clarity on some of the key questions that prosecutors ask in assessing the adequacy of corporate compliance programmes when making charging, sentencing and plea and settlement decisions. The guidance helps companies to proactively create or enhance their compliance programmes and effectively advocate before the DOJ in criminal investigations.

California Privacy Rights Act to appear on November 2020 ballot
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 03 July 2020

The California Privacy Rights Act (CPRA) has received enough valid signatures to appear on the November 2020 ballot. If voters approve the initiative, the CPRA would significantly expand the California Consumer Privacy Act (CCPA), establish the California Privacy Protection Agency, remove the CCPA's cure period and impose a number of General Data Protection Regulation-style obligations on businesses, among other requirements.

Cyber investigations and privilege: court finds that forensic report is not covered by work product doctrine
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 19 June 2020

The US District Court for the Eastern District of Virginia recently ordered Capital One to produce a forensic investigation report in multi-district litigation arising out of a cyber incident that Capital One had announced in July 2019. The court found that the report was not protected by the work product doctrine as Capital One had not shown that "but for" the litigation, the report would not have been prepared in substantially the same form.

New ASEA guidelines for dismantling hydrocarbon sector activities
  • Environment & Climate Change
  • Mexico
  • 15 June 2020

The National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector recently published guidelines for dismantling hydrocarbon sector activities. The guidelines are mandatory for all hydrocarbon sector facilities that carry out closing, dismantling or abandonment activities.

New process to move swiftly at NAD on some influencer claims
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 12 June 2020

The National Advertising Division recently announced new procedures to resolve straightforward digital advertising disputes in a matter of weeks. The new procedures – called the SWIFT process – represent a new way for advertisers to enforce against their competitors' (or defend their own) influencer marketing practices. Advertisers that rely heavily on social media influencers should take note.

What now of the Faustian bargain? Moro's exit and its impact on anti-corruption efforts
Hogan Lovells
  • White Collar Crime
  • Brazil
  • 08 June 2020

The resignation of former Operation Car Wash judge and world-renowned anti-corruption crusader Sergio Moro as minister of justice and public safety has sent shockwaves throughout Brazil's political class. Easily the Bolsonaro administration's most recognised and admired cabinet member, Moro's departure via a televised press conference, where he accused the president of trying to interfere in ongoing investigations involving his family members, was likely not how he had envisioned his tenure ending.

California attorney general submits CCPA regulations for approval
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 05 June 2020

The California attorney general recently submitted the final text of the California Consumer Privacy Act regulations to the California Office of Administrative Law for approval. Although regulations submitted to the Office of Administrative Law in June 2020 ordinarily would not become effective – if approved – until 1 October 2020, the attorney general has requested an expedited review.

First adjustments to New General Law for Sustainable Forest Development
  • Environment & Climate Change
  • Mexico
  • 25 May 2020

In 2018 the New General Law for Sustainable Forest Development entered into force, introducing new legal definitions with regard to the forestry regulatory framework. In April 2020 a seemingly small yet quite relevant amendment to the law was published in the Federal Official Gazette, making various adjustments to the legal definitions set out in Article 7 of the law.

CONAGUA moves forward with online procedures system during COVID-19 quarantine
  • Environment & Climate Change
  • Mexico
  • 27 April 2020

Given the current situation brought about by COVID-19 and the subsequent suspension of private and governmental activities, the National Waters Commission (CONAGUA) has been reconsidering its online procedures system, which was initially published in the Federal Official Gazette on 1 October 2018 but was not implemented until late 2019. CONAGUA's ultimate goal in this respect is the complete substitution of traditional in-person-initiated procedures with their digital counterparts.