Oct. 9, 2024

The New New Foreign Extortion Prevention Law Corrects the Course of the Not Yet Old One

Less than a year since the Foreign Extortion Prevention Act (FEPA) was enacted, Congress – in an increasingly rare showing of bipartisan support and in an impressively short period of time – repealed and replaced it with the Foreign Extortion Prevention Technical Corrections Act. The Anti-Corruption Report interviewed practitioners in the field for their assessment of the new law’s significance, their take on who benefits from these most recent changes, and their suggestions as to whether and to what extent the regulated community might want to update a few practices. See “Newly Signed Foreign Extortion Prevention Act Complements FCPA” (Jan. 3, 2024).

Answers to Six Key Questions About How Enforcers View Gatekeepers

The SEC and DOJ often speak about their commitment to holding individuals accountable for corporate wrongdoing. One way in which they uphold this principle is by focusing on company gatekeepers – those with unique access to knowledge who are in the best position to prevent, detect and mitigate issues. A recent program hosted by the Practising Law Institute dove deep into corporate gatekeepers and their possible liability for corporate crime. This article draws insights from two separate panels at the program to answer six fundamental questions about gatekeepers. See “Former SEC Officials Discuss Aggressive Enforcement Climate” (Oct. 25, 2023).

FTC Signals Stricter Children’s Enforcement in NGL Labs Settlement: Key Violations and Settlement Terms

The Federal Trade Commission (FTC) introduced a novel ban on offering an online service to children and teens under 18 years old when it announced this summer its settlement with California-based app developer NGL Labs and two of its co‑founders. NGL, short for “not gonna lie,” is an app that enables its users to receive anonymous messages. The settlement showcases the FTC’s willingness to use the Children’s Online Privacy Protection Act and other federal laws to protect teens as well as younger children. This first article in a two-part series on the significant aspects of the case examines the key violations and settlement terms as well as what the resolution signals about the FTC’s children’s privacy enforcement. It includes insights from Covington, Hunton Andrews Kurth, Orrick and ZwillGen. Part two will cover other novel aspects of the case, enforcement coordination trends and compliance lessons. See our two-part series on the SolarWinds Decision: “Court Narrows Case, but SEC’s Surviving Claims Alarm CISOs” (Aug. 28, 2024), and “Practical Takeaways for Cyber Communications” (Sep. 11, 2024).