In corporate America and across the globe, allegations of wrongdoing within companies are increasingly common, and the high cost of internal investigations continues apace. In 2021, in an anonymous survey of more than 1,330...more
12/9/2022
/ Anti-Corruption ,
Audits ,
CEOs ,
CFOs ,
Corporate Misconduct ,
FBI ,
Financial Crimes ,
Fraud ,
Harassment ,
Internal Investigations ,
Kickbacks ,
Securities and Exchange Commission (SEC)
Never in the experience of most of us has an event so thoroughly interrupted business as usual as the coronavirus pandemic. The wine business runs on contracts: grape purchase agreements, event hosting contracts, vineyard...more
As businesses work through the initial shock of the coronavirus pandemic and the abrupt economic slow down that followed, many businesses are now reassessing their contractual rights and obligations, including a “boilerplate”...more
Never in the experience of most of us has an event so thoroughly interrupted business as usual as the coronavirus (COVID-19) pandemic. Everywhere, contract parties facing severe stress in their businesses are reassessing...more
by Jessica K. Nall and Janice W. Reicher[1] As the world watches the political and legal battles between the U.S. government and Chinese telecom giant Huawei unfold in the headlines, many are asking how the controversy may...more
7/11/2019
/ Cell Phones ,
China ,
Civil Conspiracy ,
Criminal Prosecution ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Huawei ,
Indictments ,
Industrial Espionage ,
Innovative Technology ,
Intellectual Property Protection ,
Obstruction of Justice ,
Personal Liability ,
Reputation Management ,
Reputational Injury ,
Supply Chain ,
T-Mobile ,
Telecommunications ,
Theft ,
Trade Secrets ,
Wire Fraud ,
Yates Memorandum
In the ongoing legal battle over the alleged theft of American trade secrets by Chinese telecom giant Huawei, one curious aspect is the lack of charges filed against any individual Huawei employees. On February 28, Huawei...more
Criminal trade secret prosecutions are on the rise nationwide and in the Northern District of California, especially cases relating to alleged theft by Chinese nationals and entities. According to a 2017 report by the White...more
1/24/2019
/ Apple ,
China ,
Civil Liability ,
Criminal Prosecution ,
Critical Infrastructure Sectors ,
Data Theft ,
Economic Espionage Act ,
Employee Misconduct ,
Former Employee ,
Indictments ,
Intellectual Property Protection ,
International Litigation ,
Misappropriation ,
National Security ,
Parallel Proceedings ,
Technology Sector ,
Theft ,
Trade Secrets
The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more
10/30/2017
/ Criminal Procedure ,
Digital Data ,
Electronic Communications ,
Electronically Stored Information ,
Foreign Jurisdictions ,
Fourth Amendment ,
International Communications Privacy Act of 2017 (ICPA) ,
Invasion of Privacy ,
Microsoft ,
Privacy Laws ,
SCOTUS ,
Search Warrant
A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more
5/12/2017
/ Criminal Procedure ,
Data Storage Providers ,
Electronically Stored Information ,
Evidence ,
Extraterritoriality Rules ,
Fourth Amendment ,
Google ,
International Litigation ,
Invasion of Privacy ,
Motions to Quash ,
Popular ,
Search Warrant ,
Stored Communications Act ,
White Collar Crimes
Recent corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But there are other factors at play in such...more
It's Monday morning and your client, who recently retained you for estate tax planning advice, informs you that the IRS is auditing her income tax returns from the past three years. In reviewing her tax returns and financial...more