Subject to Inquiry

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Kevin B. Frankel

Photo of Kevin B. Frankel Drawing on his deep experience in private practice and public service, Kevin represents some of the world’s most prominent financial institutions, corporations, and executives in data privacy and security, investigations, trials, regulatory enforcement proceedings, and complex civil litigation. He also advises on compliance matters.

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Massachusetts Attorney General Increasing Enforcement in Car Repossession Space

Enforcement and Prosecution Policy and Trends
The Massachusetts Attorney General (AG) is increasing its enforcement in the motor-vehicle-repossession space. In a January 17, 2023 Assurance of Discontinuance (AOD), the AG stated that it is “conducting an investigation” into “entities collecting, servicing and/or funding” motor-vehicle-secured retail-installment contracts. The AG is focused on two primary areas of compliance:… Continue Reading

Silvergate, Silicon Valley Bank, Bank Receiverships in General, and Payroll Regulatory Challenges

Financial Institution Regulation
In the wake of Silvergate’s collapse, Silicon Valley Bank entering receivership and another bank following in SVB’s footsteps, startups and other companies directly affected by these events are struggling to manage their payroll and other obligations while credit facilities are frozen. Although depositors likely will be fully protected and most businesses can expect to avoid… Continue Reading

33 State Attorneys General Urge Federal Trade Commission to Take Action on Corporate Surveillance

Enforcement and Prosecution Policy and Trends
A bi-partisan coalition of 33[1] state Attorneys General sent a comment letter[2] to the Federal Trade Commission (FTC) highlighting the risks to consumers from corporate surveillance and data collection. The November 17, 2022, letter was filed as part of the FTC’s Advanced Notice of Proposed Rulemaking on Commercial Surveillance and Data Security.[3] The Attorneys General… Continue Reading

California Signs New Bill Prohibiting CA-based Tech Companies from Disclosing Data for State Abortion Investigations

Enforcement and Prosecution Policy and Trends
Compliance with out of state investigative requests, like warrants, just got a little trickier for California companies. Under existing law, California technology and communications companies are required to produce specified user data in response to an out of state warrant as if that warrant was issued by a California court. But now there is one… Continue Reading

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