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Cybersecurity, Data and Tech

United States: US agencies increase coordination and use of technology to investigate data misconduct

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In brief

Federal regulatory agencies have prioritized enforcement efforts that target the mishandling of data by companies that store and monetize large amounts of personal or sensitive information. This issue cuts across multiple regulatory areas which has prompted increased coordination between federal agencies. Notably, on March 26, 2024, the US Federal Communications Commission (FCC), Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission (FTC), publicized a coordinated effort to increase their technological capabilities to address privacy and competition concerns related to the use of data. At the same time, these agencies, along with the Department of Justice (DOJ) and the US Securities and Exchange Commission (SEC), have increased their hiring and use of technologists to investigate data misconduct and identify methods to more effectively address concerns around the use of artificial intelligence (AI). Against this backdrop, companies that handle large amounts of consumer data or employ AI should be on high alert for enhanced regulatory scrutiny, and the need for data governance in an interdisciplinary manner.

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Peter K.M. Chan is a member of Baker McKenzie’s North American Financial Regulation and Enforcement Practice, which provides our clients with a full range of regulatory advice and enforcement counseling. Peter brings two decades of experience at the US Securities and Exchange Commission (SEC) to his litigation and counseling work. His tenure at the SEC, as well as a stint as Special Assistant US Attorney in the Northern District of Illinois, have given Peter experience with civil and criminal matters. At the SEC, Peter served as assistant regional director in the Chicago regional office, where he led investigations and litigations of high-profile enforcement cases. In the course of his SEC career, he handled corporate issuer disclosure and reporting violations, financial fraud, auditor independence violations, insider trading, broker-dealer misconduct and failure to supervise cases, hedge fund and investment company fraud, and Dodd-Frank and Sarbanes-Oxley violations. As the head of the Municipal Securities and Public Pensions Unit at the SEC's Chicago office, he oversaw cases involving municipalities and public pensions throughout the Midwest, including disclosure failures by states, cities, and underwriters in municipal bond offerings; pay-to-play and public corruption; and securities fraud victimizing municipalities and public pensions. Peter also served in national leadership roles within the SEC's Enforcement Division. Peter acted as national leader of the Municipalities Continuing Disclosure Cooperation (MCDC) Initiative. He also served as co-chair of the Priorities and Resources Subcommittee of the Division of Enforcement Advisory Committee and was one of the original architects of the SEC Financial Reporting and Audit Task Force. Peter's experience in criminal securities fraud cases includes serving as Special Assistant US Attorney in the Northern District of Illinois in a criminal investigation into market abuse by a Chicago broker-dealer, resulting in guilty pleas by several senior executives at the firm. In 2014, Peter received the SEC's prestigious Paul R. Carey Award for his [e]xceptional personal commitment and effectiveness as a member of the Division of Enforcement.

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Elizabeth (Liz) Roper is a partner in Baker McKenzie's North America Litigation and Global Dispute Resolution Practice, specializing in investigations, data security, and white collar defense. Liz advises clients on cybersecurity compliance, incident response, government investigations, internal investigations, and criminal defense matters. With over 15 years of experience in the Manhattan District Attorney's Office, including over four years as Bureau Chief of the Cybercrime and Identity Theft Bureau (CITB), Liz pairs deep investigative experience with expertise in new technologies and electronic evidence, including digital forensics, mobile device data, network forensics, and blockchain analysis.
Liz has obtained the International Association of Privacy Professionals (IAPP) Certified Information Privacy Professional/United States (CIPP/US) certification.

Author

Mark Weiss is a partner in the Firm's North America Antitrust & Competition Practice Group and the North American Chair of the Practice’s Litigation Task Force. He is a seasoned litigator with deep expertise in antitrust, class action, and federal multi-district litigation and represents clients in high-stakes disputes across a range of industries, with a focus on complex commercial and competition-related claims. Mark defends clients in nationwide class actions and seamlessly navigates the procedural and strategic challenges of MDLs in federal court. Mark’s is also a highly regarded criminal antitrust attorney with significant experience representing clients in complex cartel investigations and enforcement actions. Mark has a strong track record advising corporations and executives in high-stakes matters involving the U.S. Department of Justice’s Antitrust Division, particularly in cases involving leniency and cooperation strategies. He has a deep understanding of the leniency program and is a trusted advisor in navigating cross-border investigations. Mark also has extensive experience as a leading antitrust merger attorney and has led numerous clients through complex regulatory reviews and merger clearance processes. He advises on all aspects of pre-merger strategy, including Hart-Scott-Rodino (HSR) filings, competitive risk assessments, and engagement with the Federal Trade Commission and Department of Justice. Mark advises clients on a wide range of antitrust compliance issues, helping companies design and implement effective compliance programs tailored to their business operations and risk profiles. Mark is an expert in handling matters consistent with recent antitrust trends including artificial intelligence, algorithmic pricing, information-sharing, and both vertical and horizontal practices. He regularly conducts internal audits, risk assessments, and training for legal and business teams, and provides strategic guidance on interactions with competitors, pricing practices, and distribution arrangements.

Author

Allison is a member of the Firm's Antitrust & Competition Practice Group, based in Washington, DC. Prior to joining the Firm, Allison worked as an associate for another multinational law firm and also clerked for the US District Court for the Southern District of Texas.

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