Check out the December issue of Spotlight on Women in Privacy, featuring Nathalie Barrera. Nathalie discusses her role as a privacy attorney at Palo Alto Networks, the importance of continuous learning, and some of the key developments she will be watching out for.
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Chancery Rejects ‘Quibbles’ As The Basis For Caremark Claims, Underscoring The Wide ‘Gulph’ Between Imperfect Compliance and Purposeful Lawbreaking
On October 1, 2024, in In re TransUnion Derivative Stockholder Litigation, Vice Chancellor Will in the Delaware Court of Chancery dismissed a derivative suit against the Directors of TransUnion for allegedly breaching their fiduciary duty of oversight in relation to agreements made pursuant to a Consumer Financial Protection Bureau (“CFPB”) consent order. The Court…
District Court Allows Summary Judgment on Medically Unnecessary and AKS Arguments, Joins Conversation on AKS Causation Standard
Judge Patti Saris in the District of Massachusetts recently granted a defense motion for summary judgment after concluding that relator failed to show that defendants knowingly submitted medically unnecessary tests or that any false claims were submitted as a result of independent contractor arrangements that allegedly violate the Anti-Kickback Statute (“AKS”). See U.S. ex rel.…
U.S. Department of Commerce Seeks to Protect Drones Supply Chain From Foreign Adversaries
On January 3, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) Office of Information and Communications Technology and Services (OICTS) published an Advance Notice of Proposed Rulemaking (ANPRM) on the national security risks posed by foreign adversary involvement in the supply chain for unmanned aerial systems (UAS) (i.e., drones), including risks…
Colorado Finalizes Privacy Act Rules: Key Updates for Businesses
The new year brings with it several state privacy law developments, including the effective dates for comprehensive privacy legislation in Delaware, Iowa, Nebraska and New Hampshire. The effective date of New Jersey’s new privacy law will follow mid-month, on January 15. Among this flurry of new state law obligations, however, privacy officers should not lose…
EPA Announces List of Manufacturers Subject to Fees for Chemical Substances Under the Toxic Substances Control Act
On December 31, 2024, the U.S. Environmental Protection Agency (EPA or the Agency) published a determination in the Federal Register announcing the availability of preliminary lists of manufacturers of five chemical substances designated as “High-Priority Substances” under Section 6 of the Toxic Substances Control Act (TSCA). The manufacturers — including importers — of these chemical…
District Court Briefing Request Highlights Loper Bright’s Potential Impact on FCA Litigation
A judge in the Southern District of West Virginia sua sponte requested briefing from the parties to address the impact of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo on an FCA case to “ensure that the Stark regulatory scheme is consistent with the power given by Congress and the statute as it…
UK Operational Resilience Rules: Are You Ready for 31 March 2025?
Several categories of UK financial services firms, including banks, insurers, electronic money institutions, and payment institutions, are required to comply with new requirements on operational resilience beginning 31 March 2025.
The post UK Operational Resilience Rules: Are You Ready for 31 March 2025? appeared first on Data Matters Privacy Blog.
2025 Inflationary Adjustments to FCA Penalties Announced
The Department of Commerce has published the 2025 inflationary adjustments to civil monetary penalties (“CMP”) associated with False Claims Act (“FCA”) violations (see here). The adjusted penalties will go into effect January 15, 2025 and will be assessed for violations that occurred prior to the adjustment, but that are assessed after January 15,…
Top 15 Posts of 2024
In 2024, Enhanced Scrutiny provided in-depth and practical insights related to M&A and corporate governance decisions and developments from the Delaware courts and other jurisdictions. Read the most popular posts from the past year below. We look forward to continuing our coverage in 2025.
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