News & Analysis as of

Extraterritoriality Rules Enforcement Actions

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds Commission’s Power To Demand Data Held by Foreign Companies

In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more

Latham & Watkins LLP

ستة أشهر حتى سريان النظام: خطوات الامتثال الرئيسية لنظام حماية البيانات في المملكة العربية السعودية

Latham & Watkins LLP on

يُعد نظام حماية البيانات الشخصية (النظام) أول نظام شامل لحماية البيانات في المملكة العربية السعودية. من المتوقع أن تبدأ الهيئة السعودية للبيانات والذكاء الاصطناعي (الهيئة) في الإنفاذ الكامل للنظام اعتبارًا من 14 سبتمبر 2024،...more

Holland & Knight LLP

New Tri-Seal Compliance Note Issued to Non-U.S. Persons

Holland & Knight LLP on

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), U.S. Department of Commerce's Bureau of Industry and Security (BIS) and U.S. Department of Justice (DOJ) on March 6, 2024, issued a Tri-Seal...more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence

A&O Shearman on

A draft ‘failure to prevent fraud’ corporate criminal offence will render large companies liable for fraud committed by their associates. We consider the draft offence and implications for businesses....more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence published - Update 9/6/2023

A&O Shearman on

A draft ‘failure to prevent fraud’ corporate criminal offence will render large companies liable for fraud committed by their associates. We consider the draft offence and implications for businesses....more

The Volkov Law Group

Fifth Circuit Court of Appeals Reverses Trial Judge’s Dismissal of Criminal FCPA Charges Against Two Venezuelan Officials

The Volkov Law Group on

In a recent decision, the Fifth Circuit Court of Appeals handed the U.S. Justice Department a victory in reversing an “out-of-whack” trial judge’s dismissal of two separate criminal indictments that were consolidated on...more

WilmerHale

SEC and CFTC Signal Push for Broader Authority Over Digital Asset Markets

WilmerHale on

The Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) recently announced enforcement actions that reflected sweeping, and previously unarticulated, views of their respective...more

Jones Day

SDNY Issues Two Rulings in Closely Watched Enforcement Action Against Ripple Labs

Jones Day on

The SEC's Enforcement Action Against Ripple - In December 2020, the SEC commenced an enforcement action against Ripple and two of its senior executives alleging that the defendants violated Section 5 of the Securities Act...more

BakerHostetler

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Global Reach: Extraterritoriality and DTSA Enforcement Beyond...

BakerHostetler on

“Global Reach: Extraterritoriality and DTSA Enforcement Beyond the U.S.” is episode three of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more

WilmerHale

Split SEC Settles Touting Charges with ICO "Listing" Website

WilmerHale on

On July 14, 2021, the US Securities and Exchange Commission (SEC or Commission) announced settled charges against Blotics, Ltd., f/d/b/a Coinschedule Ltd. (Coinschedule), the UK-based operator of Coinschedule.com, a...more

Foley Hoag LLP - Security, Privacy and the...

China Adopts New Data Security Law

On June 10, 2021, China adopted a new Data Security Law that will impact every business operating in or doing business with China. The law, which will take effect in less than a month (September 1, 2021), is sweeping in...more

Troutman Pepper

It's Official: Circuits are Split on Domestic Transaction Test

Troutman Pepper on

Summary - The U.S. Courts of Appeal for the First and Second Circuits have split on the issue of whether a plaintiff must satisfy the Second Circuit’s “predominantly foreign” test (set forth in Parkcentral Global Hub Ltd....more

WilmerHale

CFTC 2020 Enforcement and Regulatory Developments and a Look Forward

WilmerHale on

2020 saw continuity in CFTC leadership, programs, and direction from 2019. Overall, the Commission enjoyed an unusually heavy rulemaking calendar and continued the direction of its enforcement program from 2019. On the...more

Cadwalader, Wickersham & Taft LLP

The UK Serious Fraud Office’s Extraterritorial Powers Are Clarified

After three years of uncertainty over the Serious Fraud Office’s (“SFO”) powers to obtain documents  located overseas, the UK Supreme Court has clarified the extraterritorial effect of the legislation facilitating that power...more

McDermott Will & Emery

District Court Judge Highlights FCPA's Limits

A recent US District Court for the District of Connecticut decision reveals the practical limits of the Foreign Corrupt Practices Act (FCPA) in cases involving foreign nationals, foreign conduct and complex multinational...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

Dechert LLP

New SFO Guidance on Corporate Cooperation

Dechert LLP on

On 6 August 2019, the UK Serious Fraud Office (SFO), the prosecuting authority responsible for tackling serious or complex fraud and bribery in the UK, published updated guidance on corporate cooperation (the Guidance)....more

A&O Shearman

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

A&O Shearman on

Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

Mintz - Securities Litigation Viewpoints

Tenth Circuit Affirms Extraterritorial Reach of SEC Enforcement of the Federal Securities Laws

In the Traffic Monsoon litigation, the U.S. Court of Appeals for the Tenth Circuit held that the enforcement provisions of the Securities Act and the Exchange Act reach Traffic Monsoon’s sales to customers outside of the...more

Fenwick & West LLP

FTC Not Kidding Around with TikTok’s Record-Setting COPPA Fine - Five Steps to Reduce Your Risk Now

Fenwick & West LLP on

On February 27, 2019, the U.S. Federal Trade Commission announced a record-setting $5.7 million fine to popular short-form video sharing platform TikTok, formerly known as Musical.ly, as part of a consent order over...more

Jones Day

Tenth Circuit Holds Federal Securities Laws Apply Extraterritorially In Enforcement Actions

Jones Day on

The Situation: The U.S. Court of Appeals for the Tenth Circuit recently addressed the issue of whether the antifraud provisions of the federal securities laws apply extraterritorially in enforcement actions commenced by the...more

A&O Shearman

Tenth Circuit Holds That Dodd-Frank Act Granted SEC Extraterritorial Authority

A&O Shearman on

On January 24, 2019, the United States Court of Appeals for the Tenth Circuit affirmed a decision by the United States District Court for the District of Utah holding that the Dodd-Frank Act of 2010 grants the Securities and...more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - January 2019

King & Spalding on

Significant White Collar Developments at the U.S. Department of Justice: 2018 in Review - Amid the daily barrage of news stories from the US relating to the Robert Mueller investigation, the opioid epidemic and the U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: European Data Protection and Cybersecurity in 2019

Data protection laws in Europe evolved substantially in 2018, with the implementation of the General Data Protection Regulation (GDPR) and the Directive on Security of Network and Information Systems (NIS Directive) becoming...more

Proskauer - Corporate Defense and Disputes

First Appellate Decision Holds that SEC Can Bring Extraterritorial Enforcement Action Based on Conduct or Effects in United States

The Court of Appeals for the Tenth Circuit held today that the Securities and Exchange Commission may bring an enforcement action based on allegedly foreign securities transactions involving non-U.S. residents if sufficient...more

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