White Collar Watch - November 2012

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In This issue:

- DOJ and SEC Issue Long-Awaited Guidance on the FCPA

- Recent Sentencings of Executives Serve as Reminder of Risks of Responsible Corporate Officer Prosecutions; Risks Grow for Medical Device Companies

- The Future Looks Busy for U.S. Inspectors General

- Split State Supreme Court Decision on Third-Party Access to “Backup” Web-Based Email Highlights Need for Reform of Federal Stored Communications Act

- Excerpt from The Future Looks Busy for U.S. Inspectors General:

With the recent passage of two major pieces of legislation governing health care compliance and Wall Street reform, the Office of the Inspector General is expected to play a larger role in overseeing federal agencies and interacting with private parties to guide behavior. Since the founding of this nation, when General George Washington was informed of the combat readiness of his Continental Army, inspectors general have played an important role in the federal government. The modern inspectors general trace their roots to the late 1970s, a response to the growing size of the administrative state and the Watergate scandal. Their intended purpose was relatively straightforward – root out waste, fraud, and abuse within their assigned agency. Since the 1970s, their duties and numbers have increased with the size and scope of government....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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