David Newman on Department of Justice (DOJ)

DOJ Clarifies Incentives for Voluntary Self-Disclosures of Export Control and Sanctions Violations

On December 13, 2019, the Department of Justice’s National Security Division (“NSD”) announced a revised policy to encourage voluntary self-disclosures (“VSDs”) of criminal violations of export control and sanctions laws. The...more

12/18/2019 / CFIUS , Corporate Counsel , Department of Justice (DOJ) , Export Controls , Financial Institutions , National Security , Self-Disclosure Requirements

The CLOUD Act One Year Later: DOJ White Paper Aims to Promote Greater Understanding of the Act's Purpose and Impact

Since it was enacted in March 2018, the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) has been controversial with privacy advocates in the United States and the subject of sustained criticism by the European...more

4/17/2019 / CFIUS , CLOUD Act , Cloud Service Providers (CSPs) , Department of Justice (DOJ) , Economic Sanctions , Export Controls , Mutual Legal Assistance Treaties (MLAT) , National Security

DOJ Signals Once More that FARA Is an Enforcement Priority

In another indication of the U.S. Department of Justice’s increased focus on the Foreign Agents Registration Act (FARA), Assistant Attorney General John Demers announced that the Department is overhauling its FARA enforcement...more

3/8/2019 / Corporate Counsel , Department of Justice (DOJ) , Economic Sanctions , Enforcement Actions , Export Controls , Foreign Agents , National Security

Senior DOJ Official Discusses the Department's Renewed Focus on FARA: What Companies Need to Know

During a Tuesday event at the Center for Strategic and International Studies in Washington, D.C., Assistant Attorney General of the National Security Division John Demers highlighted the renewed focus of the Department of...more

1/17/2019 / CFIUS , Crisis Management , Department of Justice (DOJ) , Export Controls , Foreign Agents , National Security

SCOTUS to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

The U.S. Supreme Court on Oct. 16, 2017, announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

11/9/2017 / Big Data , Data Localization Law , Department of Justice (DOJ) , Electronically Stored Information , Microsoft , Popular , SCOTUS , Stored Communications Act

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

10/31/2017 / Department of Justice (DOJ) , First Amendment , Fourth Amendment , Gag Orders , Internet Service Providers (ISPs) , Microsoft , Stored Communications Act

United States v. Microsoft: Supreme Court to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

On October 16, 2017, the Supreme Court announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

10/19/2017 / Department of Justice (DOJ) , Electronically Stored Information , Email , Government Entities , Microsoft , SCOTUS , Stored Communications Act , Warrants

Court Orders Google to Turn Over Foreign-Stored Data

The U.S. Department of Justice (DOJ) recently secured a notable victory against Google in a dispute over the enforceability of a U.S. search warrant seeking access to foreign-stored account data....more

5/3/2017 / Corporate Counsel , Data Collection , Department of Justice (DOJ) , Electronically Stored Information , Foreign Entities , Google , Search Warrant , Stored Communications Act

David Newman

Morrison & Foerster LLP

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