Jessica Nall and Josh Malone discuss legal pitfalls, compliance issues, and the digital minefield that arises when employees use ephemeral messaging apps to conduct business in an article published by Bloomberg Law.
Employees are using communication modes other than company e-mail to communicate for business—including texts and ephemeral messaging apps like WhatsApp or Telegram— which creates challenges for companies
Farella Braun + Martel LLP Blogs
Latest from Farella Braun + Martel LLP
Unreviewed Preservation Requests Likely to Continue
The Ninth Circuit recently heard an appeal that challenges a common tool of law enforcement: “f” letters.
Under section 2703(f) of the Stored Communications Act, law enforcement may compel providers of “electronic communications services” (think Google) to preserve “records and other evidence” (think email) for a period of time. These preservation demands do not require any degree of suspicion, let
Individual Accountability in the Huawei Trade Secrets Prosecution
In the ongoing legal battle over the alleged theft of American trade secrets by Chinese telecom giant Huawei, one curious aspect is the lack of charges filed against any individual Huawei employees. On February 28, Huawei pled not guilty to charges of trade secret theft in federal court in Washington. This has been one of the most publicized trade secret
Token Taxonomy Act Seeks to Provide Regulatory Clarity to Crypto Industry
Two United States congressmen introduced legislation in late December that would exclude certain digital currencies from being defined as securities – a bill that, if enacted, may finally provide the cryptocurrency industry with regulatory clarity regarding when the offer and sale of digital tokens must comply with federal securities laws.
The Token Taxonomy Act of 2018 – introduced on December
What’s Privilege Got to Do With It? Practical Tips for Managing Bank Regulators Access to Attorney-Client Privileged Information
The attorney-client privilege, which prohibits the compelled disclosure of confidential communications between an attorney and their client, is enshrined in common law and statutory codes across the country. See, e.g., Cal. Evid. Code § 950 et seq.; Upjohn Co. v. United States, 449 U.S. 383, 389 (1981) (the fundamental purpose of the attorney-client privilege “is to encourage full and frank
Branding Concerns Rise Amid Cryptocurrency Proliferation
New cryptocurrencies and tokens have been popping up all over the place, leading the SEC to set up an initial coin offering (ICO) section on its website and to promote recent enforcement actions in the digital currency space. The proliferation of new tokens offers a growing opportunity for cross-over and cooperation between different federal agencies. The SEC representative at a
Battling Government Investigations Series – Cooperation and Voluntary Disclosure
It always comes when you least expect it – a government inquiry to investigate your business. While it may instill a sense of panic, there are steps you can take to make sure you’re in the best position possible when the investigation begins.
This blog series developed by Chrysty Esperanza, Litigation Counsel at Square, Inc., will address this main question:
Battling Government Investigations Series – Civil and Criminal Investigations
It always comes when you least expect it – a government inquiry to investigate your business. While it may instill a sense of panic, there are steps you can take to make sure you’re in the best position possible when the investigation begins.
This blog series by Chrysty Esperanza, Litigation Counsel at Square, Inc., will address this main question:
Battling Government Investigation Series – Find the Right Lawyer
It always comes when you least expect it – a government inquiry to investigate your business. While it may instill a sense of panic, there are steps you can take to make sure you’re in the best position possible when the investigation begins.
This blog series developed by Chrysty Esperanza, Litigation Counsel at Square, Inc., will address this main
SEC San Francisco Regional Enforcement Director Confirms SEC Private Company Enforcement Trend Will Continue
At a recent panel organized by San Francisco’s Federal Bar Association, the San Francisco Regional Director of the Securities and Exchange Commission (SEC), Jina Choi, confirmed that the agency continues to focus on investor fraud in the pre-IPO private market space. Highlighting enforcement actions against the non-public Zenefits, Credit Karma, and Theranos[1], Ms. Choi reiterated the