Latest updates

DOJ updates roadmap to effective compliance programmes
Hogan Lovells
  • White Collar Crime
  • USA
  • 06 July 2020

The US Department of Justice (DOJ) has updated its guidance on the Evaluation of Corporate Compliance Programmes, providing increased clarity on some of the key questions that prosecutors ask in assessing the adequacy of corporate compliance programmes when making charging, sentencing and plea and settlement decisions. The guidance helps companies to proactively create or enhance their compliance programmes and effectively advocate before the DOJ in criminal investigations.

California Privacy Rights Act to appear on November 2020 ballot
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 03 July 2020

The California Privacy Rights Act (CPRA) has received enough valid signatures to appear on the November 2020 ballot. If voters approve the initiative, the CPRA would significantly expand the California Consumer Privacy Act (CCPA), establish the California Privacy Protection Agency, remove the CCPA's cure period and impose a number of General Data Protection Regulation-style obligations on businesses, among other requirements.

Cyber investigations and privilege: court finds that forensic report is not covered by work product doctrine
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 19 June 2020

The US District Court for the Eastern District of Virginia recently ordered Capital One to produce a forensic investigation report in multi-district litigation arising out of a cyber incident that Capital One had announced in July 2019. The court found that the report was not protected by the work product doctrine as Capital One had not shown that "but for" the litigation, the report would not have been prepared in substantially the same form.

New ASEA guidelines for dismantling hydrocarbon sector activities
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 15 June 2020

The National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector recently published guidelines for dismantling hydrocarbon sector activities. The guidelines are mandatory for all hydrocarbon sector facilities that carry out closing, dismantling or abandonment activities.

New process to move swiftly at NAD on some influencer claims
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 12 June 2020

The National Advertising Division recently announced new procedures to resolve straightforward digital advertising disputes in a matter of weeks. The new procedures – called the SWIFT process – represent a new way for advertisers to enforce against their competitors' (or defend their own) influencer marketing practices. Advertisers that rely heavily on social media influencers should take note.

What now of the Faustian bargain? Moro's exit and its impact on anti-corruption efforts
Hogan Lovells
  • White Collar Crime
  • Brazil
  • 08 June 2020

The resignation of former Operation Car Wash judge and world-renowned anti-corruption crusader Sergio Moro as minister of justice and public safety has sent shockwaves throughout Brazil's political class. Easily the Bolsonaro administration's most recognised and admired cabinet member, Moro's departure via a televised press conference, where he accused the president of trying to interfere in ongoing investigations involving his family members, was likely not how he had envisioned his tenure ending.

California attorney general submits CCPA regulations for approval
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 05 June 2020

The California attorney general recently submitted the final text of the California Consumer Privacy Act regulations to the California Office of Administrative Law for approval. Although regulations submitted to the Office of Administrative Law in June 2020 ordinarily would not become effective – if approved – until 1 October 2020, the attorney general has requested an expedited review.

First adjustments to New General Law for Sustainable Forest Development
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 25 May 2020

In 2018 the New General Law for Sustainable Forest Development entered into force, introducing new legal definitions with regard to the forestry regulatory framework. In April 2020 a seemingly small yet quite relevant amendment to the law was published in the Federal Official Gazette, making various adjustments to the legal definitions set out in Article 7 of the law.

CONAGUA moves forward with online procedures system during COVID-19 quarantine
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 27 April 2020

Given the current situation brought about by COVID-19 and the subsequent suspension of private and governmental activities, the National Waters Commission (CONAGUA) has been reconsidering its online procedures system, which was initially published in the Federal Official Gazette on 1 October 2018 but was not implemented until late 2019. CONAGUA's ultimate goal in this respect is the complete substitution of traditional in-person-initiated procedures with their digital counterparts.

President Trump signs bipartisan broadband mapping legislation
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 17 April 2020

President Trump recently signed the Broadband Deployment Accuracy and Technological Availability Act. The law requires the Federal Communications Commission (FCC) to collect and disseminate more granular data about the availability of broadband service and to establish processes to ensure data accuracy. The legislation comes in response to commentary about the FCC's broadband coverage maps and suggestions regarding the Form 477 data collection process used to create those maps.

Air emissions obligations for industry and service sectors
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 13 April 2020

The Ministry of Environment and Natural Resources and the National Ecology and Climate Chance Institute are continuing to help Mexico achieve its climate-change-related air emissions goals through data analysis, policy management and the implementation of the emissions trading system pilot programme. As such, now is an ideal time for actors in industry and service sectors to evaluate their air emissions obligations. Further, additional obligations may apply to certain facilities due to the COVID-19 pandemic.

AIFA guidance on management of clinical trials during COVID-19 emergency
Hogan Lovells
  • Healthcare & Life Sciences
  • Italy
  • 25 March 2020

Due to the COVID-19 emergency and the consequent lockdown that is affecting most non-essential services in Italy, including some healthcare services, the Italian Medicines Agency recently issued guidance for sponsors, non-profit organisations and contract research organisations involved in clinical trials. The guidance tackles urgent needs that sponsors are experiencing in clinical trials due to restrictions on patients' access to trial sites.

Increased cybersecurity threats amid coronavirus precautions
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 20 March 2020

During the coronavirus outbreak, many employers around the world are seeking to prioritise the wellbeing and safety of their employees by asking them to work remotely instead of risking exposure while commuting and working in populated office spaces. Organisations must consider increased risks to the security of their networks, systems and data during this time.

Seventh Circuit joins Third and Eleventh Circuits in autodialer circuit split
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 28 February 2020

The US courts of appeals increasingly agree on how to interpret the definition of 'automatic telephone dialling system' under the Telephone Consumer Protection Act. A unanimous Seventh Circuit panel recently refused to revise a putative class action after concluding that the dialling system used did not qualify as an autodialer. Like recent Eleventh Circuit and Third Circuit decisions, the Seventh Circuit held that an autodialer must use a random or sequential number generator to either store or produce numbers.

Initial approach to General Circular Economy Law initiative
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 17 February 2020

In October 2019 the General Circular Economy Law initiative was presented to the Senate for discussion and approval. The initiative was prepared in response to Mexico's increasing waste generation and aims to coordinate the attempts of the municipal, state and federal authorities to address this problem. As such, the initiative proposes granting several new powers to each level of government in order to foster the creation of a circular economy in Mexico.

National Advertising Division refers supplement advertising to FTC
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 14 February 2020

A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers that participate but decline to be bound by an NAD decision can expect to be referred to the Federal Trade Commission (FTC). The NAD recently announced that it had referred advertising claims made by a dietary supplement company to the FTC for further review, following a challenge by the Council for Responsible Nutrition.

Draft rules on net neutrality issued for public consultation
Hogan Lovells BSTL SC
  • Tech, Data, Telecoms & Media
  • Mexico
  • 14 February 2020

In December 2019 the Federal Telecommunications Institute issued draft rules for public consultation to further regulate net neutrality in Mexico. Further discussions are anticipated following the consultation period and the definitive rules are expected to be published in mid-2020. Nonetheless, the publication of draft rules to regulate net neutrality is a positive step which has long been awaited by both industry players and non-governmental organisations.

Mobile phones may cause brain tumours: Turin Court of Appeals revives debate
  • Product Regulation & Liability
  • Italy
  • 13 February 2020

After a two-year dispute, the Turin Court of Appeals has dismissed the appeal filed by the National Insurance Provider (INAIL) and upheld the first-instance decision issued by the Court of Ivrea in 2017, which established causation between extensive work-related use of mobile phones and brain tumours and ordered INAIL to compensate the claimant with a lifelong payment.

Eleventh Circuit rejects broad reading of autodialer
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 07 February 2020

The Eleventh Circuit panel recently released a landmark ruling in Glasser v Hilton Grand Vacations Company, LLC. The key issue was how to interpret ambiguous language in the Telephone Consumer Protection Act's (TCPA's) definition of an 'automatic telephone dialling system'. In recent years, imprecise statutory phrasing and the Federal Communication Commission's liberal reading of the legislative history has empowered plaintiffs to assert TCPA claims based on a wide array of calling systems.

Hemp food – Ministry of Health sets acceptable levels of THC
Hogan Lovells
  • Product Regulation & Liability
  • Italy
  • 06 February 2020

The Ministry of Health recently published the THC Decree, which sets the maximum tetrahydrocannabinol content permitted in food products, together with guidance on the appropriate method of analysis. Some commentators have welcomed the new regulation as a liberalisation of the use of hemp in food products; however, on closer inspection, this conclusion proves to be unjustified.