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Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

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

Tech Rally – Industry Giants Back Google's Play to Protect Data

by Bracewell LLP on

On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology...more

Second Circuit Court of Appeals Denies Rehearing in Microsoft Case

Back in December 2013, a U.S. magistrate issued a seemingly routine warrant in a narcotics case demanding that Microsoft turn over messages from a customer’s email account that resided on a server in Ireland. That warrant,...more

Government Raids in Korea: What You Should Do When Faced with One

by Kobre & Kim on

An on-site raid for evidence is a common tool for Korea’s enforcement authorities – particularly when the public prosecutor’s offices are taking the lead in high profile cases. This may surprise practitioners with US...more

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

The Supreme Court - June 2016 #5

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more

Belgian criminal settlement regime declared partially unconstitutional by the Belgian Constitutional Court

by White & Case LLP on

On 2 June 2016, the Belgian Constitutional Court ruled that a part of the Belgian criminal settlement regime (transaction pénale/minnelijke schikking in strafzaken) is unconstitutional. Currently, article 216bis of the...more

FCPA compliance and Ethics Report-Episode 251-oral argument in the Supreme Court on McDonnell v. US

by Thomas Fox on

In this episode, I post the full oral argument at the US Supreme Court in McDonnell v. US. Please see my blog post discussing the case for further analysis and discussion. ...more

Testing The 5th: Compelled Testimony From Foreign Regulators

by WilmerHale on

The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

CJEU to Rule on Extradition of EU Citizens in Criminal Antitrust Proceedings

by McDermott Will & Emery on

The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of the...more

United States v. Microsoft: ‘Global Chaos,’ Outdated Legislation And a Judge’s Plea to Congress

The Second Circuit’s challenge in considering the validity of a U.S. Stored Communications Act warrant to Microsoft for e-mails located on servers in Ireland involves interpreting the SCA, which was enacted nearly three...more

Application Of The Double Jeopardy Prohibition To A Deferred Prosecution Agreement In The Oil For Food Case

by Allen & Overy LLP on

On 18 June 2015, the Paris criminal tribunal rendered its judgment in one of the two cases that have reached French courts in relation to allegation of bribery in the context of the Oil For Food (OFF) program. In an important...more

Bribery & Corruption in the Military. A Front-Line View (Part II)

In the second part of my interview on "The Heat" via CCTV, I discuss the temptations that front-line personnel face when dealing with overseas militaries, particularly, procurement personnel. I share how the touch points...more

White House Imposes Sanctions on Venezuela

by Cozen O'Connor on

On March 9, 2015, pursuant to authority contained in the recently enacted Venezuela Defense of Human Rights and Civil Society Act (Act), President Obama issued an executive order (EO) declaring a national emergency with...more

"France: The ne bis in idem Principle and Settlements With US Authorities"

Successive investigations in France following U.S. prosecutions and settlements have led to court challenges on the grounds of double jeopardy, a trend that will only increase as more countries scrutinize the same conduct in...more

Germany: Online Blackjack Player Found Guilty of Illegal Gambling

by DLA Piper on

The district court Munich found a Munich man guilty of participation in an unlicensed public game of chance due to his participation in online blackjack games. The player was fined under criminal laws and the funds received...more

FBAR Penalty to Face Excessive Fines Clause Test

by Blank Rome LLP on

Last week, a federal jury in Miami found that Carl Zwerner had willfully failed to disclose his foreign bank account to the Treasury Department for calendar years 2004, 2005 and 2006. Zwerner now potentially owes the United...more

The Effect of Egypt's Broken Justice System on INTERPOL

by Estlund Law, P.A. on

The Egyptian justice system continues to suffer from the absence of basic due process, and we continue to see example after example of cases wherein defendants receive no protection from unfair trial proceedings. First, a...more

U.S. v. LIEW: Jury Selection Focuses On Anti-China Bias In Industrial Espionage Case

A federal judge questioned prospective jurors closely Tuesday for signs of anti-China bias in the industrial espionage trial of a U.S. citizen who prosecutors say fed secrets to a Chinese company. Prosecutors allege...more

Offshore Accounts Holders Have No Fifth Amendment Protections

by Sanford Millar on

In what is becoming an increasingly used attack vehicle, the Department of Justice (DoJ) is using the “required records doctrine” to compel taxpayer’s to produce what may be incriminating evidence of ownership or control of...more

Comparison on the rights, limitations and procedures related to public gatherings and demonstrations across Europe

by DLA Piper on

The Right To Freedom Of Assembly And Expression In The European Union - A.) General Description Of The Applicable Legal Administrative Procedures - On a European level, fundamental rights are laid down in the...more

Foreign blogs cannot ignore local courts

by DLA Piper on

The Italian Supreme Court held in relation to a foreign blog where articles inciting to racial hatred were posted that the crime of racist criminal organization and the jurisdiction of Italian courts were applicable if the...more

IRS Seeking 50% x 4 Penalties In FBAR Nonreporting Case

by Charles (Chuck) Rubin on

Taxpayers are required to disclose their ownership interests in foreign bank and financial accounts by filing a Form TD F 90-22.1, ...more

Supreme Court Settles Fifth Amendment Required Records Issue in Context of Offshore Bank Accounts

by BakerHostetler on

On May 13, 2013, the Supreme Court denied a taxpayer’s petition for certiorari regarding the Seventh Circuit’s August 27, 2012, decision applying the Required Records Exception to override the taxpayer’s Fifth Amendment...more

Weekly Brief: $350K in Wine Leads to $14M Lawsuit

by Bloomberg Law on

Mar. 28 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. The US Supreme Court hears oral arguments on two landmark civil rights cases focusing on gay marriage. Also, Italy's Supreme...more

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