Falcons drafting Penix no longer a head-scratcher with rookie QB shining in place of benched CousinsIn November 2024, the U.S. Department of Justice Antitrust Division (“Antitrust Division” or “Division”) updated its guidance on how it will evaluate Corporate Compliance Programs when conducting criminal antitrust investigations. The updated guidance demonstrates that when the Antitrust Division is evaluating a company’s compliance program as part of its investigation and charging-decision process, it will assess what the company has done to preserve electronic communications, such as ephemeral messages, and steps the company has taken to account for new technologies as well as its use of artificial intelligence (AI) and algorithmic revenue management software when conducting company business. Updating compliance programs in these areas will be helpful for companies seeking to detect and prevent criminal antitrust violations. And should a company become the subject of either a criminal or civil antitrust investigation, evidence that it has developed and implemented policies regarding new communications platforms and protocols concerning the use of AI and algorithmic software will make it easier for a company to effectively argue for credit for a robust and effective compliance program. Such steps may make a meaningful difference in influencing the Antitrust Division when it is making charging decisions. Effective Compliance Programs Should Account for All Forms of Communication The updated guidance indicates that the Antitrust Division will probe whether the company has instituted “clear guidelines regarding the use of ephemeral messaging or non-company methods of communication including the extent to which those communications are permitted and when employees must preserve those communications.” Ephemeral messaging tools allow messages to disappear without a backup or archiving function. The guidance reflects the Antitrust Division’s view that even when employees use personal devices and third-party messaging platforms that have not been formally approved for conducting company business, the Antitrust Division will seek those communications and expect clear guidance from the company to its employees about disclosing and preserving such communications and communication routes. The Antitrust Division will probe the retention and deletion settings that are available to employees, as well as the rationale the company used for establishing its directives. The guidance is consistent with recent updates to the DOJ’s standard preservation letters and subpoenas to include language regarding the preservation of ephemeral messages and other new methods of communications. Companies face clear obstacles in monitoring the actions employees may take when violating company policies regarding ephemeral messaging and non-approved forms of communication to conduct company business. Yet it remains imperative to have clearly articulated policies in place with a sound rationale for the policies that are implemented. When a compliance program addresses these matters and employees are properly trained on the policies, the company can more effectively argue to Division officials that employees who failed to follow clearly stated directives were not acting on behalf of the company. The weight of these arguments will vary depending on the unique circumstances of each case, but having a clearly articulated policy in place will at least provide an avenue to present the argument to Division prosecutors. Compliance Programs Should be Updated to Assess and Address Risk Relating to the Use of AI One of the factors that DOJ prosecutors are instructed to consider when evaluating antitrust compliance programs is how the program handles risk assessment in a variety of categories. The updated guidance states that effective compliance programs must address how a company uses “technology, particularly new technologies such as artificial intelligence” and “algorithmic revenue management software” to conduct business. The DOJ’s guidance follows warnings earlier this year from the U.S. Federal Trade Commission that the use of algorithms to assist in determining prices may violate federal antitrust laws, regardless of the business or industry. Per the recent DOJ guidance, compliance programs should have mechanisms to mitigate risk in the deployment of such technology. At a minimum, these mechanisms should help compliance officers understand how AI and other technology tools are being used for pricing and marketing decisions and what the data inputs include. The risk assessment should evaluate what public, non-public, and non-company data are being used as well as what data the company may be sharing externally through technology. In turn, the compliance program should address how the company can detect and correct, when necessary, decisions made by AI or other technologies that may be problematic. Deploying AI and other innovative technologies without proper safeguards increases the risk of lawsuits from civil litigants alleging antitrust violations based on the use of third-party platforms to share sensitive business information. An effective compliance program will evaluate the use of such platforms or third-party information and will require decision makers to document why certain technologies were adopted for business purposes and how those technologies are pro-competitive. Conclusions and Recommendations In 2019, the Antitrust Division announced a shift in its approach for evaluating compliance programs whereby it would credit effective antitrust compliance programs at both the charging and sentencing stages of its enforcement activities. The updated guidance provides insights on the Division’s priorities when considering credit for compliance programs and direction for companies and their compliance officers on how to reevaluate and improve their corporate compliance infrastructure. A robust antitrust compliance program should address each aspect of compliance as discussed in the Antitrust Division’s “Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations. ” Two key areas of compliance program assessment should include an evaluation of communications policies for all employees as well as a deeper analysis of how the company is using AI and other technologies in pursuing its business objectives.Cancer Daily Horoscope Today, Nov 26, 2024 predicts a great love life
Mark Goldbridge is eager for Manchester United to sign Wolverhampton Wanderers forward Matheus Cunha, who gave the Red Devils a torrid time on Boxing Day. The Brazilian forward is enjoying a stellar season, which has seen him bag 10 goals and four assists in 19 games across competitions. Cunha, 25, opened the scoring at Molineux with a goal straight from a corner which left Andre Onana dumbfounded. He then set Hwang Hee-chan up at the death as Wolves beat United 2-0 to pile the pressure on their new head coach, Ruben Amorim . It was perhaps an audition for Cunha against a club desperate for more firepower and creativity in attack. Marcus Rashford looks increasingly likely to leave Old Trafford . At the same time, Bruno Fernandes was sent off against Wolves, and Alejandro Garnacho struggled to impress on the left of Amorim's three-man attack. Goldbridge Wants Matheus Cunha at Man United Goldbridge watched United stumble against Wolves and Cunha was the star of the show. He not only grabbed a goal and assist but also ran the visitors ragged with his quick feet and instinctive movement on the counter-attack. The YouTuber wishes he was a Red Devil, posting on X: Cunha would (be) absolutely amazing for United Matheus Cunha vs Manchester United Goals 1 Assists 1 Shots On Target 2 Dribble Attempts (Successful) 6 (4) Touches 93 Accurate Passes 50/58 (86%) Key Passes 1 Crosses (Accurate) 2 (1) Long Balls (Accurate) 6 (4) Big Chances Created 1 Ground Duels (Won) 22 (13) Aerial Duels (Won) 1 (1) Amorim has reportedly requested Manchester United swoop for Cunha in the January transfer window. Interestingly, the Portuguese coach was seen speaking to the Wolves forward after his side's loss to Vitor Perreria's men. Cunha's versatility could be a massive benefit for the Red Devils, who head into January sitting 14th in the Premier League table. They are anticipated to be active in next month's window with a left-back and a midfielder on their radar . Arsenal could be United's main competition for the ex-Atletico Madrid man. The 26-year-old has just over two years left on his contract, and Wolves may be under no pressure to sell, but he recently liked a social media post saying 'Manchester United soon'. However, speculation continues to grow over Rashford, who said he was 'ready for a new challenge' after Amorim dropped him for a 2-1 win against Manchester City in the Manchester Derby (December 15). He's been absent from the squad since his interview. Wolves reportedly have no plans to part ways with the 26-year-old next month. All statistics courtesy of SofaScore - correct as of 28/12/2024.Miami Hurricanes will seek to avoid winless Charleston Classic after loss to Oklahoma State
At The Dickinson Press, we have had the privilege and responsibility of chronicling this community's story since 1883 — documenting its triumphs, trials, and occasional missteps. For over a century, we have rarely felt compelled to step away from our role as objective reporters and have sparingly wielding the editorial pen. That’s simply not what The Press does. Yet, the forthcoming recall election targeting Commissioner Jason Fridrich compels us to speak out. We believe this recall is unwarranted, unnecessarily divisive and, frankly, a regrettable misuse of our collective time, energy and taxpayer dollars. ADVERTISEMENT Let’s set the record straight. We do not agree with every decision Commissioner Fridrich has made, nor those of the other board members. However, the claim driving this recall — that he failed to properly take his oath of office and should be removed as a result — simply doesn’t hold water. The extraordinary measures of democracy, like recalls, should be reserved for extraordinary circumstances. How did we get here? A petitioner claims Commissioner Fridrich and others "did not properly take their Oaths of Office," citing sections of the North Dakota Century Code (NDCC). The suggestion is that this technicality invalidates his ability to serve. But here’s the reality: Fridrich took his oath of office in good faith, swearing to uphold the Constitutions of the United States and North Dakota. Whether the administrator of that oath or the city’s process at the time met every NDCC standard is a moot point. At the end of the day, Fridrich has upheld that oath and has not strayed outside the confines of the law. Under Fridrich’s tenure, the Dickinson City Commission has performed commendably. The city is managed well, perhaps even admirably compared to our neighbors in eastern North Dakota. Our commissioners have not overstepped their authority and have honored the trust placed in them by voters. That’s the beauty of democracy. If someone takes issue with an elected official, they have a straightforward solution: elections. Fridrich, like all commissioners, has regularly faced the judgment of the people in scheduled elections. That’s the appropriate and time-tested way to effect change — not by wielding the extraordinary measure of a recall over personal grievances or perceived slights. Consider the practical realities here. Unless a serious challenger steps forward — which we argue excludes the current petitioner — the probable outcome of this recall election is that Commissioner Fridrich retains his seat. What will we have achieved as a city? Nothing. What will we have gained in the process? A waste of taxpayer dollars, a black eye for the city and a dangerous precedent that personal grievances and procedural nitpicking can unseat anyone who dares to lead. Recalls are a vital safeguard in our republic. But, like any tool, they must be used responsibly and for their intended purpose. A recall’s purpose is to protect citizens from officials who abuse their office or blatantly violate their responsibilities — not to settle petty disagreements or advance personal agendas. This recall reeks of the latter and should dishearten all of us. ADVERTISEMENT Commissioner Fridrich, like his colleagues, answered the call to serve our community. That’s noble. We should commend, not condemn, those who take on the challenging, often thankless task of local governance. It is easy to criticize from the sidelines; it is much harder to step into the arena and do the work. We believe Fridrich has done so with dignity, in line with his oath of office, even if some disagree with his voting record or listen to claims from the “paperwork police” about supposed conspiracies. This recall election isn’t a victory for Dickinson. It’s a misuse of a valuable tool for no real purpose. We urge our readers and the citizens of Dickinson to recognize this special election for what it is: a social media-driven drama, not a legitimate effort to improve our city. Democracy isn’t a spectator sport, and governance tools shouldn’t be used as instruments of personal grievance. We call on Dickinson’s citizens to consider a different approach: We can do better, Dickinson. We deserve better. We deserve leaders willing to serve, even in the face of criticism. We deserve citizens willing to engage constructively, not tear down recklessly. And we deserve a city where public servants are respected for stepping into the arena, not targeted for doing their jobs.Labour MP for Cardiff West, Alex Barros-Curtis, said warnings should have been “amber or red”, as Mr Reed told MPs that more flooding is “likely”. Hundreds of homes were left under water, roads were turned into rivers and winds of more than 80mph were recorded across parts of the UK. More than 130 flood warnings and 160 alerts remained in place across the UK on Monday. In the Commons on Monday, Mr Barros-Curtis asked: “Can I ask that the Secretary of State speak to his Department for Science, Innovation and Technology (DSIT) colleagues to carefully look into the role of the Met Office here? “It is clear that their response was slow and that there was a clear underestimation of the impact of Storm Bert. “They put it yellow rather than amber or red. Our constituents have been let down by this incompetence before, and it cannot keep happening.” Mr Reed said: “In most parts of the countries that were affected, warnings were given with adequate time for people to prepare and I would encourage people to sign up on the Defra website, or the Environment Agency website for warnings and alerts if they live in an area that could be affected by flooding. “I’m aware of the particular concern that he mentions regarding the Met Office, and I will indeed be speaking to colleagues in DSIT as they review the circumstances of that and look at how the situation can be improved for future events of this kind.” During his update to the House, the Environment Secretary said that more flooding this week is “likely” but its impact “should be less severe” than has been seen. He said: “Around 28,000 properties are being protected by Environment Agency flood defences. “Unfortunately, an estimated 107 properties have flooded across England, principally from river and surface water flooding.” He added: “The Environment Agency and local responders have also been busy protecting properties elsewhere in England, including flooding from the River Teme in Tenbury Wells where around 40 properties have flooded. “The river has now peaked and local responders will be focusing on the lower reaches of rivers over the next few days.” He further stated: “Further flooding is sadly likely over the next few days as water levels rise in slower flowing rivers such as the Severn and the Ouse. “The Environment Agency anticipates that any impacts should be less severe than we have seen in recent days.” Mr Reed also described the flood defences they inherited from the previous government as being “in the worst condition on record following years of underinvestment”. He added: “Over 3,000 of our key flood defences are below an acceptable standard. “That is why we are investing £2.4 billion over the next two years to build and maintain flood defences.” Elsewhere in the session, Labour MP for Coventry South, Zarah Sultana, was among the MPs to call for a legal duty on fire services to respond to flooding. She said: “I want to express my solidarity and thanks to all of our emergency services, including firefighters on the front line. “Extreme weather events are on the rise and becoming ever more frequent due to climate change, highlighting the urgent need for proper funding and resources. “England is the only part of the UK without a statutory duty for flooding, leaving fire services underfunded and under-resourced to respond effectively. This must change, as the FBU (Fire Brigades Union) has long called for.” “When will the Government finally provide a statutory duty for Fire and Rescue authorities to respond to flooding incidents in England?” Mr Reed replied: “The fire and rescue authorities have the powers to intervene, but she’s quite right to point out there’s not a duty, and officials in my department, working with the Home Office, will review that to see that that remains appropriate.” Conservative MP for Mid Buckinghamshire Greg Smith said some communities in his constituency are flooding “for the first time in decades” as he accused the Government of wanting to “concrete over the countryside”. He said: “That is a result of some of the big infrastructure we are seeing being built, particularly HS2 where they will concrete over a field completely, it seems, unaware that that will have a knock-on effect to farmland next door. “So will the Secretary of State commit to working with the Transport Secretary (Louise Haigh) and I also suggest the Deputy Prime Minister (Angela Rayner) given their plans to concrete over the countryside to ensure that where construction takes place proper, and I really mean proper, flood mitigation measures are put into place.” Mr Reed replied: “This needs to operate across Government, and we will have those conversations and ensure that measures are put in place to support communities as much as is possible from the more severe weather events that we’re seeing as a result of climate change.”