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Tag Archives: White Collar Corner

White Collar Corner NY’s new SHIELD Act and Identity Theft Prevention and Mitigation Services Act enhance protections for New York residents’ data

Anna Mercado Clark

On July 25, 2019, Gov. Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), L. 2019, Ch. 117, which takes effect on March 21, 2020. The SHIELD Act amends the General Business Law ...

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White Collar Corner: Fraud, Executive Law § 63(12)’s summary enforcement procedures and the FCA

alan_bozer

We previously wrote about the New York attorney general’s (NYAG) broad investigatory powers under Section 63(12) of the Executive Law. Section 63(12) allows the NYAG, on short notice and without commencing a court proceeding, to issue subpoenas for documents and ...

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White Collar Corner: Supreme Court decides SEC “judges” were unconstitutionally appointed, leaves other questions unanswered

The U.S. Supreme Court recently ruled that Administrative Law Judges (ALJs) of the U.S. Securities and Exchange Commission (SEC or Commission) are “Officers of the United States” whose appointments must be made in accordance with the Appointments Clause of the ...

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White Collar Corner: New York Attorney General’s investigative powers under Executive Law § 63(12) are broad

The Legislature handed the New York Attorney General a powerful tool when it enacted Executive Law Section 63(12) to investigate civil fraud. Section 63(12) authorizes the Attorney General to investigate fraudulent or illegal acts and to commence summary proceedings to ...

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White Collar Corner: DOJ memo suggests narrowed regulatory enforcement under President Trump

A Department of Justice (DOJ) memorandum released on Jan. 25, 2018, authored by former Associate Attorney General Rachel Brand (the Brand Memo), suggests that the DOJ will be narrowing its activity in the area of affirmative civil enforcement (ACE), including ...

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White Collar Corner: Constitutional challenges to ALJs may get high court hearing

alan_bozer

Administrative law judges (ALJs) at the state and federal level are sometimes the subject of legal challenges based upon the quasi-judicial nature of their job responsibilities. As executive branch officials acting like judges, the scope of their authority to adjudicate ...

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White Collar Corner: Hold the phone: the duty to preserve cellular phone data

With the proliferation and technological advances of cellular phones, the role of these devices in the workplace has evolved at a rapid pace. While five years ago it was common for employers to provide employees with a “work phone,” now ...

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White Collar Corner: Obtaining evidence and testimony north of the border

A recovering upstate economy and our region’s close proximity to Canada have resulted in an upsurge in international commerce.  With new business comes not just economic opportunity, but the potential for fraud as well. Potential clients have enough on their ...

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White Collar Corner: The importance of litigation hold instructions

A litigation hold is the suspension of a “routine document and retention/destruction policy,” which includes the preservation of emails and other electronically stored information (ESI), Tracy v. NVR, Inc., No. 04-cv-6541L, 2012 WL 1067889 (WDNY Mar. 26, 2012). Most practitioners ...

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