Nathaniel Edmonds

We went long on our analysis of the new #DOJ #whistleblower program because there are a lot of interesting details. If you want a deep dive, here you go! But if you want to skip ahead to the bottom line, we have two sections at the end that include (1) analysis for those in-house folks who run investigations and handle disclosure decisions, and (2) commentary on what this means for targeted companies more generally. A theme? 120 days, over and over again. In the long run, I don't expect the DOJ program to rival the SEC program, because the option of confidentiality may not exist and the restrictions and DOJ expectations are more onerous. But there may be an initial burst of submissions, and in the long run there may be instances where people are very eager to use it, considering not only the large forfeiture amounts against ex-US companies like the commodity trading firms but also against foreign officials from Latin America and elsewhere. And if you work at a non-public company with international operations, you can expect whistleblower firms to be soliciting tips or allegations from your employees now.

64

The doctrine of divisibility is well known in contract law, yet there is little discussion by courts and scholars of reverse divisibility, which involves the recharacterization of two or more facially separate but closely related contracts as a single contract. In "'Reverse Divisibility' and 'Subsequent Modification': Expanding the Scope of Justified Non-Performance in Multiple Contract Situations," Professor Gregory Crespi discusses reverse divisibility and its practical applications. https://lnkd.in/eGG-r3dv

8

Calling NY/CT in-house counsel: Join us on May 14, 2024 from 10:00 to 11:30 a.m. ET courtesy of the ACC of Westchester County-Southern CT and CT (hosted by Robinson+Cole) for an in-depth look at the FTC's new rule banning non-competes and practical advice on next steps. To register, please email Lee Cushman at [email protected]. SAYING GOODBYE ISN‘T THE HARDEST PART: How Companies Can Protect Themselves Without Non-Competes Jennifer Driscoll, Co-Chair of Antitrust and Trade Regulation Team, Robinson & Cole LLP Michaelynn Ware, Former Legal VP, Otis Elevator Adam Mocciolo, Assistant VP and Counsel, Global Litigation & Employment Strategy Leader, W.R. Berkley and Director, ACC WESTSCT Among other topics, the Webinar will cover: · Understanding the scope of the FTC rule and its impact on companies doing business in Connecticut and New York · What companies should do while the FTC rule is pending · Proactive measures companies can take to protect competitively sensitive information

17

Brewbaker has now cross-petitioned for cert in the Supreme Court on the following, fundamentally important question for criminal antitrust prosecutions: "The first question is whether the criminal offense promulgated by Section 1 of Sherman Act is constitutional in the first place. Because this purported offense violates at least four fundamental constitutional principles—those of non-delegation, objectivity, jury as factfinder, and the prohibition on judge-made crimes—the offense is unconstitutional." https://lnkd.in/dJ4ZCnQw

8

A few thoughts from our team on NSD's first-of-its-kind declination under its #VSD policy. #doj #compliance #exportcontrols

22

1 Comment

If you want an idea of what federal and state prosecutors have on their minds and on their priority list, take a look at our takeaways from this month’s BBA White Collar Crime Conference.

5

1 Comment

I had a fantastic time last week at our inaugural National Security Symposium held in Washington DC. We heard from a range of speakers from across US government and it was great to connect with colleagues and clients. Some key takeaways from a sanctions perspective: ✔️Trade and export control enforcement remains a priority and is not limited to Russia related activity; ✔️International cooperation across sanctions/export controls remains key to ensure the effectiveness of national security objectives; ✔️Export control and sanctions compliance is a necessity for all businesses; ✔️There is a focus on export controls on emerging technologies, including AI; ✔️Sanctions and export controls without enforcement can lead to meaningless rules and obligations; and ✔️Secondary sanctions and ‘material support’ risk is a real risk in transactions with all SDNs where the ultimate goal is not humanitarian related, divestment, winding down or similar #sanctions #compliance

18

Pastore LLC has been retained in two separate SEC matters. One matter is an appeal to the Second Circuit arising from an SEC civil action that seeks disgorgement due to alleged false statements under 15 U.S.C. § 78u(d)(5). Another involves an SEC investigation into a publicly traded retail store. Pastore has a thriving securities practice and has attorneys who have previously worked for SEC enforcement and the NYSE: https://bit.ly/3WJqtG8 #legalservices #law #legal #legaladvice #lawyer #attorney #Pastore

6

hahah so many registrants for this one so fast we apparently broke the zoom registration process. Those of you who are having trouble registering just let us know and we will count you as one of the first 500. Separately love how responsive yall are!! #webinar #zoom #tcpa #fcc #revocation

7

#SCOTUS dodges discovery rule issue in #WarnerChappell but lifts damages time bar Critical copyright case looking at when damages can be awarded in disputes results in dissenting opinions. https://buff.ly/3QED1uA #EntraIP #IntellectualProperty #Trademark #Copyright #Patent #PropiedadIntelectual #Marca #Patente

1

What you need to know about 28 U.S.C. Section 1782 and why it can be a powerful tool. https://ow.ly/g6zb50RytuX #Litigation #LegalDiscovery #BrazilianLaw #InternationalLaw

1

VT comprehensive privacy bill down for the count? Hear more from Kyle G. Kessler (she/her), Christine Xiao and William Carter #privacylaw

8

Absolutely critical webinar next week folks. We will be teaming up with AC Evans and Drips to discuss the massive TCPA revocation rule change just ushered in by the FCC. This rule really will change everything you thought you knew about enterprise contact strategy and will require more coordination between origination and servicing arms than ever before. Truly game changing. We will dive deep into these issues as we explore the new rule and it's impacts. Join us next Tuesday October 22, 2024 at 10:00 am pacific! (Free for the first 500 attendees!) #webinar #tcpa #fcc #callcenter #contactcenter #revocation #consent #compliance #calls #sms #marketing #servicing #collection #debtcollection #crm #deservetowin

19

1 Comment

New Ruling on Punitive Damages and Attorney Fees in California Invasion of Privacy Act (CIPA) Case As Thompson Hine has previously reported, the recent surge of privacy claims under the California Invasion of Privacy Act (CIPA) related to using website cookies, pixels, and web beacons continues to impact a several sectors. It has been especially harmful to small businesses. On July 15, Judge Rolf Treu ruled on a preliminary motion in a CIPA lawsuit and concluded that the plaintiff could potentially recover punitive damages and attorney fees. Although this case does not address the merits of whether website tracking technologies are considered pen registers or trap and trace devices under CIPA, plaintiffs may rely on it to demand larger awards and settlements in their CIPA actions. Businesses that deploy these types of online tracking technologies should immediately reassess the legal terms governing the use of their websites and whether they contain favorable dispute resolution provisions, such as remedies available for claims arising from a consumer’s use of the website. View full update here ➡ https://bit.ly/3WjOO3x Steven Stransky I Jennifer Adler #DataPrivacy #PrivacyLaw #ThompsonHine #California

1

We are seeing a revolution in OFAC and BIS enforcement mechanisms and philosophies, ushering in changes at a pace not seen since the heady days of the IEEPA Enhancement Act of 2007. Three key recent developments: 1. Extension of the #OFAC sanctions statute of limitations and recordkeeping requirements from 5 years to 10 years 2. Codification of BIS procedures to provide for dual-track review of VSDs, aggravating factor treatment for not disclosing "significant" violations, non-monetary penalties, and removal of penalty caps for VSDs. 3. Appointment of the first-ever BIS Chief of Corporate Enforcement. #sanctions #exportcontrols https://lnkd.in/e5XjgWh7

24

1 Comment