By Neil Bloomfield and Kristen Kenley Double jeopardy prevents criminal defendants from being convicted of the same crime twice. Res judicata prevents civil litigants from facing repeated claims by an overly aggressive plaintiff. Unfortunately, in the years after the financial crisis financial institutions were essentially unprotected from receiving multi-million dollar demands by multiple regulators for the same conduct. The financial industry may soon experience a welcome shift from the Government’s burdensome and duplicative practice as policy changes at the ...
By Neil Bloomfield and Lindsey Frye. This will be our first in a series of updates on the status of regulation and enforcement in the context of cybersecurity related issues. Regulation and liability in the context of a cyber attack present complex questions. The easy target is the individual or organization that committed that attack—the criminal hacker. Unfortunately, the easy target is often beyond the jurisdiction of U.S. courts, and even if they are not, they lack the resources to provide a meaningful recovery. Secondary targets, which have become the focus of ...
About MVA White Collar Defense, Investigations, and Regulatory Advice Blog
As government authorities around the world conduct overlapping investigations and bring parallel proceedings in evolving regulatory environments, companies face challenging regulatory and criminal enforcement dynamics. We help keep our clients up to date in these fast-moving areas and to serve as a thought leader.
MVA White Collar Defense, Investigations, and Regulatory Advice Blog Updates
- Client Alert: Beneficial Ownership Reporting at the Federal Level effective January 1, 2024
- The Consumer Financial Protection Bureau Stakes Out Its Enforcement Authority Over Unfair Information Security Practices
- FINRA’s Expansion of Safeguards to Prevent the Financial Exploitation of Specified Adults in Rule 2165
- Risks Associated with Cryptocurrency Activities Continue to be Top-of-Mind for Federal Banking Regulators