CCPA enforcement is here, yet a startling amount of companies are still not compliant as many don’t have a good handle on what data they own or understand their data retention obligations.

In this Comprehensive Guide to Complying with The CCPA ensure compliance with CCPA and mitigate risks.

This guide offers answers to important information governance and security questions, and walks down the draft regulations that enterprises must comply with.

You’ll learn:

• An in-depth walkthrough for essential data privacy regulation compliance
• A 3-phase approach for data retention
• Best practices for implementing data retention at your organization

Get compliant now.

“Daimler said on Thursday it has reached agreements costing nearly $3 billion to settle civil investigations by U.S. regulators and lawsuits from vehicle owners stemming from a long-running probe into software to cheat diesel emissions tests,” report David Shepardson and Emma Thomasson in Reuters Environment.

“The settlements in principle address civil and environmental claims tied to 250,000 U.S. diesel passenger cars and vans in the United States and include claims from the Environmental Protection Agency, Justice Department, California Air Resources Board (CARB) and the California Attorney General’s Office.”

“The German carmaker said it expects the costs of the settlements with U.S. authorities will total $1.5 billion, settling with owners will cost about $700 million and ‘further expenses of a mid three-digit-million EUR (euro) amount to fulfill requirements of the settlements.'”

Read the article.

“Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced at Pittsburgh’s Energy Innovation Center on Thursday that the EPA will remove ‘ineffective and duplicative’ regulations on oil and natural gas companies,” reports Manny Marotta in Jurist.

“The announcement adheres to President Donald Trump’s 2017 executive order on promoting energy independence and economic growth, which states ‘[i]t is in the national interest to promote clean and safe development of our Nation’s vast energy resources, while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation.'”

Read the article.

“Attorney Geoffrey Fieger, one of Michigan’s most prominent lawyers, refused to let one of his employees work from home to care for her sick child during the coronavirus pandemic, according to a new lawsuit,” reports Tresa Baldas in Detroit Free Press.

“The woman says human resources approved her request to work remotely for two days, and, that she offered to take unpaid leave if necessary because her son was ill.”

“But Fieger — who for years has worked from his luxury Caribbean hotel that he has long referred to as home — wouldn’t budge. He fired her instead, she says, so she sued the legal giant in federal court.”

Read the article.

“As a long-standing antitrust attorney in Europe, making the decision to move from Madrid to San Diego a few years ago to practice law in the U.S. has been a life-changing experience. Both personally and professionally. Learning from other cultures, colleagues, and languages is something I strongly recommend to everyone. It opens your mind and provides you with a different perspective about the world and yourself. And of course, that also applies to the practice of law,” writes Luis Blanquez in The Anti-Trust Attorney Blog.

“Indeed, when you move to a new jurisdiction you basically become a ‘newborn’ attorney, but with all your past experience in the backpack. That puts you in the best position to approach everything with a “fresh pair of eyes”, which in turn allows you to add value to your team and cases in a unique way.”

Read the article.

“BankUnited announced the hiring of Kevin A. Malcolm as senior executive vice president and general counsel, effective September 14, 2020. An accomplished corporate law executive, Malcolm will be responsible for overseeing BankUnited’s legal and compliance functions. He will fill the position currently held by Michael Alford, who is leaving the financial industry to pursue his ordination as a priest in the Episcopal Church,” was reported in Business Wire.

“Malcolm comes to BankUnited from VeriFone, where he served as vice president, head of legal for Europe, Middle East and Africa after previously serving as primary legal counsel for the company’s global taxi systems business in the role of vice president, strategic business development and legal. Previously, he was general counsel and vice president business and legal affairs for Curb Mobility, a payments, mobility and digital media technology company based in New York City with operations throughout North America and the United Kingdom.”

Read the article.

“The National Labor Relations Board … has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to union and non-union employers alike,” warn Jeffrey K. Brown and Tyler B. Runge in Payne & Fears’ Insights.

“Under longstanding Board law, an employer may not maintain or enforce an agreement with its employees that interferes with their right to file unfair labor practice charges with the NLRB. Broadly worded arbitration provisions, however, often cover the types of claims employees may bring before the NLRB. For this reason, well-drafted arbitration agreements usually contain a “savings clause,” i.e., a clause providing that employees retain the right to file charges with the Board, even if the agreement otherwise includes claims arising under the National Labor Relations Act … within its scope.”

Read the article.

“The COVID virus has ushered in unprecedented and challenging times for our country and the global community. From the deeply personal pain and suffering caused by the virus as a health pandemic to behavioral adjustments in the consumer population at large, to every day, but very real, burdens created by business closures and shelter in place orders, the full force and impact of the virus on our society won’t be known for a long time. Apart from these personal and social consequences, of course, the economic downturn is very real and upon us,” discuss Daniel R. Avery and Martin D. Edel in Goulston & Storrs’ What’s Market Blog.

“And yet businesses move forward, even in a very different and challenging environment. Certainly, the COVID virus is impacting the way M&A transactions are being looked at, papered, and implemented.”

Read the article.

“A Florida-based specialty pharmacy will pay $3.5 million to resolve allegations it served as a conduit for a Teva Pharmaceutical Industries Ltd subsidiary to pay kickbacks to Medicare patients, the U.S. Justice Department said on Thursday,” reports Nate Raymond in Reuters’ U.S. Legal News.

“The settlement with Advanced Care Scripts Inc was the latest to result from an industry-wide U.S. probe of drugmakers’ financial support of patient assistance charities that has resulted in nearly $921 million in settlements.”

“Representatives for Teva and ACS did not respond to requests for comment. Teva has said it has been cooperating with the investigation since first receiving a subpoena from the U.S. Attorney’s Office in Boston in 2017.”

Read the article.

Greensfelder, Hemker & Gale, P.C., is pleased to announce that Donald D. McBride, an Officer in the firm’s St. Louis office, has been named by Missouri Lawyers Media as one of its 2020 Up & Coming attorneys. The annual awards recognize early-career lawyers who demonstrate professional excellence while making a positive impact on their profession and communities.

This year’s Up & Coming honorees are all 40 years old or younger or are within their first 10 years of practice. Recipients have demonstrated professional accomplishment, skill and leadership beyond their years, as well as extraordinary commitment to their communities through volunteer service and leadership. The 2020 honorees will be recognized during a virtual awards event on Oct. 15. Missouri Lawyers Media publishes legal industry newspapers including Missouri Lawyers Weekly and the St. Louis Daily Record.

Co-leader of Greensfelder’s Financial Services industry group and a member of the firm’s Litigation practice group, McBride focuses his practice primarily on representing broker-dealers, clearing firms, registered investment advisors, and individual investment professionals. He has extensive experience in litigation matters and also counsels clients on aspects of their business operations, including privacy, registration, record retention, reporting requirements, and anti-money laundering issues. He also represents members of the securities industry in connection with investigations by the SEC, FINRA, and state regulators.

Previously, McBride worked in the mutual funds department of a nationally known brokerage firm in St. Louis. He received his J.D. (cum laude) from Saint Louis University School of Law.

Greensfelder, Hemker & Gale, P.C., founded in 1895, is a full-service law firm with offices in St. Louis, Chicago and Southern Illinois. Greensfelder offers comprehensive legal solutions for clients locally, nationally and internationally. Areas of practice include business services; communications and media; construction; educational, religious and tax-exempt organizations; employee benefits; employment and labor; energy; franchising and distribution; health care; intellectual property; litigation; real estate; securities and financial services; and trusts and estates. Find out more at www.greensfelder.com.

“Camp Hill, Pennsylvania-based Rite Aid has appointed Paul Gilbert as general counsel and corporate secretary,” reports Ben Maiden in Corporate Secretary’s Appointments.

“Gilbert joined the NYSE-listed company in an interim position on May 21 to help with its virtual AGM and other governance matters. Rite Aid, like hundreds of other US companies, switched from holding its AGM in person this year due to health and safety considerations arising from the Covid-19 pandemic.”

“Gilbert has also offered guidance on various business initiatives as Rite Aid pursues a strategy aimed at positioning the company as the leading mid-market pharmacy benefit management provider. As general counsel, he will be part of Rite Aid’s executive leadership team and senior leadership team and will lead the organization’s legal efforts.”

Read the article.

“A suspended Harris County civil judge who last year was indicted on federal wire fraud charges has been arrested in connection to an assault involving her estranged husband’s girlfriend at a Houston home, her lawyer said,” reports Nicole Hensley in Houston Chronicle.

“Police took state District Judge Alexandra Smoots-Thomas into custody at her Rice Military home Wednesday morning, the lawyer continued, with authorities saying she was accused of firing a shotgun during an argument with a woman Monday night in the 14000 block of Jewel Meadow Drive. Smoots-Thomas, who lost her re-election bid in July, has been out on bond for federal charges and was not permitted to possess a weapon, court records show.”

Read the article.

“Apple Inc. was told by a federal jury in Texas to pay Optis Wireless Technology $506.2 million in patent royalties related to 4G technology in the iPhone and other devices,” reported by Susan Decker and Blake Brittain of Bloomberg shared via Bloomberg Wire in The Dallas Morning News’ Business/Technology.

“The jury in Marshall found that five patents were infringed. It also found that the infringement was willful, which means District Judge Rodney Gilstrap could increase the amount by as much as three times the amount set by the jurors.”

“Optis and its partners in the case, Panoptis Patent Management, and Unwired Planet LLC, claimed that Apple’s smartphones, watches, and tablets that operate over the LTE cellular standard were using its technology. Apple, which argued the patents were invalid, pledged to appeal.”

Read the article.

“World Acceptance Corporation (WAC), a US-based consumer loan company, agreed to pay the SEC $21.7 million for FCPA violations in Mexico. WAC’s cited violations covered the full gamut of FCPA violations, including bribery payments to government officials in Mexico, failure to keep accurate books and records and inadequate internal accounting controls,” reports Michael Volkov in Volkov’s Corruption, Crime & Compliance.

“WAC engaged in an illegal scheme over a seven year period, from December 2010 to June 2017, to further its former Mexico subsidiary (WAC Mexico), which paid approximately $4.1 million in bribes directly or through third-party intermediaries, to Mexican government officials and union officials. WAC sold WAC Mexico in July 1, 2018. As a result of its bribery scheme, WAC earned approximately $18 million.”

Read the article.

HOUSTON, Aug. 14, 2020 – King & Spalding has added Jonathan Newton, a corporate and securities partner, to its Corporate, Finance and Investments (CFI) Practice Group in Houston.

Newton’s practice focuses on M&A and capital markets transactions in the energy sector. He has extensive experience in a broad spectrum of transactions, with an emphasis on domestic and complex cross-border transactions. Newton’s practice includes SEC reporting and corporate governance advice; convertible and straight equity and debt offerings; c-suite / board of directors advice, internal corporate restructurings; venture capital financings; and joint ventures.

Newton joins from Baker McKenzie, where he served as the managing partner of its Houston office from 2014 and 2019. Newton received his undergraduate degree from Cornell University, cum laude, and his J.D. from University of Texas School of Law. He has received a variety of accolades for his client service including as a BTI Consulting Group Client Service All-Star.

About King & Spalding
Celebrating more than 130 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with over 1,200 lawyers in 22 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality, and dedication to understanding the business and culture of its clients. More information is available at www.kslaw.com.

Langley & Banack became one of the first law firms in the country to successfully remove a Subchapter V Debtor-in-Possession on June 10, 2020.

Subchapter V is a new addition to the Bankruptcy Code that became effective in February, 2020. It was enacted to assist small businesses achieve a streamlined reorganization under Chapter 11 of the Bankruptcy Code while avoiding some of the substantial time and costs associated with traditional Chapter 11 cases.

Langley & Banack and co-counsel from Weisbart, Springer, Hayes, LLP, represented a creditor that extended credit to Salubrio, LLC, which in turn provided MRI services for use in personal injury litigation. Prior to filing for Subchapter V bankruptcy, Salubrio took actions that violated its agreement with the creditor. On behalf of its client, Langley & Banack petitioned the bankruptcy court to remove and relieve the debtor in possession and its management from supervision and operations of the debtor due to the impermissible actions it took prior to the bankruptcy filing.

After an evidentiary hearing taking place over three days, Judge Ronald B. King ruled the debtor in possession of Salubrio, LLC should be removed, and the Subchapter V Trustee would perform the duties of the debtor-in-possession : In re Salubrio, LLC, Case No. 20-50578, United States Bankruptcy Court Western District of Texas, San Antonio Division (J. King). This ruling is significant because Subchapter V is a new addition to the Bankruptcy Code, and there is little case law guiding practitioners about the application of the rule. The decision to remove the debtor in this case shows that even though the policy behind Subchapter V is for a consensual plan of reorganization, creditors still have a viable remedy for removing management that has not acted in the best interests of creditors.

Langley & Banack regularly represents parties in bankruptcy cases and out of court restructurings. Langley & Banack, Inc. is San Antonio’s largest locally owned and operated law firms and provides the highest quality legal representation to clients. For more information, visit www.langleybanack.com.

Lowenstein Sandler LLP announced today that Meredith Beuchaw has joined the firm as a partner in The Tech Group. Beuchaw leads M&A transactions and has counseled on both the buy and sell side through hundreds of deals for over 15 years.

Beuchaw is a market leader in deal-making involving sellers with venture capital/growth equity backing. She advises growth companies and startups as well as the venture capital, growth, and private equity funds that fund them in connection with M&A, recaps, and other related transactional matters. She also frequently represents the acquirers of growth companies and startups, including Fortune 500 companies and private equity funds.

Marita A. Makinen, Chair of Lowenstein’s Mergers & Acquisitions practice and Co-chair of the Transactions & Advisory Group, adds, “We welcome Meredith and believe her experience with entrepreneurs and the private investment community will add substantially to our strong M&A bench across our practices and the Tech Group in particular.”

Beuchaw has extensive experience in the tech and life sciences sectors. She works closely with boards of directors, investors, and management teams, guiding them through every stage of the deal cycle.

Former New Jersey Attorney General Anne M. Milgram, Special Counsel in Lowenstein’s Tech Group and White Collar Criminal Defense practice, says, “From my perspective as someone who has seen the technology and corporate worlds intersect from multiple angles, it is clear to me that Meredith shares our team’s holistic, multifaceted perspective. That makes her a critical addition to our firm, as she will strengthen our ability to add value for our tech clients.”

Beuchaw was named to the inaugural list of “Leading Women Lawyers in New York City” by Crain’s and has been awarded the “M&A Advisor Emerging Leaders” award (2016) and the “LMG Rising Stars Corporate/M&A Rising Star Award” (2016).

Prior to joining Lowenstein, Beuchaw was a partner in the M&A group of Cooley LLP, where she represented well-known clients in technology and life sciences.

She received her J.D. from the Duke University School of Law and her B.A. from Dartmouth College. She is admitted to practice in New York.

About The Tech Group

Lowenstein’s Tech Group helps clients turn innovative ideas into successful businesses. Fueled by technological innovation and creative investors, the companies we represent create intellectual property, develop opportunities, realize profits, and use legal services in a distinctive way. The Tech Group’s mission is to recognize what makes our clients unique and to provide effective, creative solutions to the business challenges they engender. From company formations to seed, early-stage, and late-stage venture financing transactions, from complex intellectual property matters to M&A or IPO exits, we are passionate about helping entrepreneurs and investors achieve their goals–and in doing so, change the world.

We are also builders of the innovation community. Unique in the industry, our VentureCrush platform provides support and connectivity to the venture marketplace through a varied array of creative approaches, including VentureCrushNY, VentureCrushSF, VentureCrushAV, VentureCrushFG, and VentureCrushFGX. The success of VentureCrush and other Tech Group programs reflects the support and participation of hundreds of entrepreneurs, investors, and innovators in the venture community.

About Lowenstein Sandler LLP
Lowenstein Sandler is a national law firm with over 350 lawyers based in New York, Palo Alto, New Jersey, Utah, and Washington, D.C. The firm represents leaders in virtually every sector of the global economy, with particular emphasis on investment funds, life sciences, and technology. Recognized for its entrepreneurial spirit and high standard of client service, the firm is committed to the interests of its clients, colleagues, and communities.

Wolfe pledges continued emphasis on innovative solutions for clients struggling with COVID-19’s fallout while reaffirming the firm’s commitment to diversity, equity and inclusion

Detroit – August 13, 2020 — Dykema, a leading national law firm, announced today that Len Wolfe will become chairman and chief executive officer for a three-year term commencing January 1, 2021. Wolfe succeeds Peter M. Kellett, who has served as chairman and chief executive officer since 2012. Although Wolfe will work from each of Dykema’s 13 offices, he will move his principal office from Lansing, Mich., to Chicago.

For more than 25 years, Wolfe has practiced government policy and regulatory law, helping clients implement significant public policy initiatives. He first joined Dykema as a summer associate before quickly ascending into leadership roles within the firm. For the last six years, Wolfe has served as a twice-elected member of Dykema’s Executive Board, acting as board Liaison to the firm’s Diversity & Inclusion Committee for the past four years.

Prior to his board membership, Wolfe was Director of Dykema’s Regulated Industries Department and Leader of the firm’s Government Policy and Practice Group for nine years. His various leadership positions provided Wolfe with extensive knowledge of Dykema’s business operations and the complex process of running the daily operations of a multi-office law firm with a national footprint.

Wolfe’s practice has covered several areas of law, including education, gaming, state procurement, government restructuring and the creation and development of new local and state governmental bodies. He is known nationally for his work with charter schools and has been recognized by The Best Lawyers in America® each year since 2007—including being named “Lawyer of the Year” in Lansing for Gaming Law in 2019.
Wolfe earned a J.D. from the Indiana University McKinney School of Law and a B.A. from the James Madison College at Michigan State University. Before joining Dykema, he worked in the Michigan Legislature, United States Senate and the Michigan Governor’s office.

About Dykema

Dykema serves business entities worldwide on a wide range of complex legal issues. Dykema lawyers and other professionals in 13 U.S. offices work in close partnership with clients – from start-ups to Fortune 100 companies – to deliver outstanding results, unparalleled service and exceptional value in every engagement.

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(August 12, 2020) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce the 10-year anniversary of its award-winning Littler CaseSmart® (LCS) platform.

In 2010, Littler disrupted the legal industry when it launched LCS as clients were increasingly seeking more efficient and value-driven services. Founded by shareholder Scott Forman, LCS reengineered the process of managing employment litigation by combining proprietary technology, alternative staffing and project management to control costs and increase fee predictability, while enhancing quality and consistency. LCS has proven to reduce legal spend by 10 to 50 percent and has collected substantial case data over the past decade that helps drive stronger business decisions and reduce risk. Initially created for administrative agency charges, LCS has expanded over the years to manage the full-range of employment litigation, including single-plaintiff, multi-plaintiff, class and collective actions, and mass arbitrations and related litigation.

“LCS was developed as a direct response to market demand. And in the past 10 years, the pressure facing in-house legal departments to increase operational efficiency, as well as to use AI and data analytics to improve outcomes and demonstrate their effectiveness, has only further intensified,” said Forman. “In addition to reducing defense costs and providing the budget predictability that is essential to our clients’ bottom lines, it has been particularly gratifying to provide employers with data-driven insights that help them identify potential problems before they escalate into larger issues, better manage their workplaces and guide litigation strategy.”

LCS provides greater value to clients through efficient workflow and project management, innovative staffing models, and data analytics and case management technology. In addition to its expansion to cover all areas of employment litigation, LCS has achieved several impressive milestones over the past decade, including:

• More than 1,600 clients from a wide-range of industries and sizes are on the platform and nearly 30,000 matters have been handled through LCS.
• The platform launched with 12 LCS Counsel and the team has grown to nearly 100. LCS Counsel focus on specific tasks within the legal process (research, discovery, brief writing, etc.), providing greater efficiency for clients along with an alternative career path for experienced attorneys looking for interesting and challenging work with more flexibility.
• The creation of an operational team that functions like a corporate business unit, tracking financial performance and continuously enhancing the platform to meet client needs. A team of more than 30 operational specialists now work within LCS, a structure that has facilitated its continued revenue growth and profitability.
• The collection of millions of data points that are the source of actionable insights for clients and attorneys. The LCS dashboard provides clients with a big-picture view of their employment matters in the aggregate, helping spot patterns of potential business risk and address issues before they evolve into expensive litigation. Clients also receive valuable benchmarking information – including how their matters compare to similar companies in settlement amount and transition-to-litigation rate – that helps guide legal strategy.

“Not only has LCS revolutionized our approach to managing employment litigation, it has served as a model within the firm for the dozens of service solutions that followed and for a legal industry grappling to evolve alongside technological advances and demands for alternative work arrangements,” said Tom Bender and Jeremy Roth, co-managing directors of Littler, in a joint statement. “LCS is also a key part of our broader data ecosystem, which leverages technology-based solutions and data analytics to help clients shape legal strategies, inform critical employment decisions and drive actionable business results.”

A founding member of Littler’s Innovation Advisory Council and a member of the firm’s Board of Directors, Scott Forman’s career is dedicated to helping drive Littler’s innovation strategy and to developing technology solutions and processes that re-engineer the delivery of legal services and enhance operational efficiency. Having firmly established LCS as an effective means of managing litigation, Forman’s latest innovation, Littler onDemand, applies the same combination of technology, staffing and project management to provide data-driven solution for employment law advice and counsel.

LCS has received numerous awards for its innovative approach, including the Association of Corporate Counsel’s “ACC Value Champion” award, several top rankings in the Financial Times’ “North America Innovative Lawyers” Report, the College of Law Practice Management’s “InnovAction Award” and the International Legal Technology Association’s Distinguished Peer Award for “Project of the Year.” Forman is also regularly recognized as a leading innovator in the legal industry, including as a top data-driven lawyer by Law360, among the most innovative individuals by the Financial Times, a “Litigation Trailblazer” by the National Law Journal and on the “FastCase 50” list of top innovators. Harvard Law School published a case study featuring Forman and highlighting the impact of LCS on the firm and the legal industry.

View the LCS 10-year anniversary video https://vimeo.com/littlerlearninggroup/review/390776540/4c2303030b.

About Littler

With more than 1,500 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com.

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“Director Christopher Wray has named Jason A. Jones as the general counsel of the FBI. Mr. Jones most recently worked in the private sector at the law firm of King & Spalding,” announces the FBI in their Press Releases.

“Mr. Jones was a federal prosecutor for nearly 10 years. He was a supervisory assistant U.S. attorney for the Eastern District of New York, serving as chief of the Violent Crimes and Terrorism Section. He prosecuted scores of individuals for racketeering, murder, international terrorism, terrorism financing, money laundering, and other violations.”

Read the announcement.