The Supreme Court recently issued an opinion in a Texas murder case that has broad implications for any corporate representative or employee who seeks to invoke his or her Fifth Amendment Right against self-incrimination in the…more
On June 18, the Securities and Exchange Commission (“SEC”) announced that it intends to make companies and individuals admit wrongdoing as a condition of settling civil charges in certain cases, or be forced to fight the charges…more
Over the past two years, courts began to recognize that at least some off-label marketing is protected lawful commercial speech under the First Amendment. Specifically, the Second Circuit in New York in a case called United…more
Following on the heels of the U.S. Department of Justice’s recent guidance on the Foreign Corrupt Practices Act (“FCPA”), events in Canada provide further reason for companies on both sides of the border to increase compliance…more
Originally published in the Portland Business Journal on October 5, 2012.
As recently reported in the press, the comptroller of the currency, the U.S. Department of Justice and other state and federal regulators are…more
In a perfect world, you are sitting at your desk one day and a client’s in-house counsel calls and tells you that, as a result of the “vigorous and robust” compliance program you helped put in place a few years ago, the company…more
As most business leaders know, the United States enacted a comprehensive financial regulatory scheme this past summer in response to the recent financial meltdown. The law, known as the Dodd-Frank Wall Street Reform and…more
Banking regulators have acquired a powerful ally: federal and state prosecutors eager to make headlines with banking prosecutions. More and more, regulators who find misconduct are turning their findings over to law enforcement…more
In January 2010, the federal government filed a civil action under the False Claims Act accusing drug manufacturer Johnson & Johnson (“J&J”) of orchestrating a massive unlawful pharmaceutical monetary kickback scheme. This…more
Last month, the United States Sentencing Commission ("USSC") proposed several modifications of the United States Sentencing Guidelines that will have far reaching ramifications for any company caught up in a federal…more
The internal investigation has long been a hallmark of the best practices of any company that is confronted with allegations of misconduct.
Unfortunately, it appears that many more businesses will face the need for internal…more
As was widely reported in the press several months ago, the federal government hired a former federal prosecutor to act as the Deputy Special Inspector General for monies given out under the Troubled Asset Relief Program…more
Following a six-week jury trial in Manhattan federal court, a Connecticut investor was found guilty of conspiracy to violate the Foreign Corrupt Practices Act ("FCPA"). The case is noteworthy because FCPA cases rarely go to…more
Two recent court cases - one that received much press and another less-publicized case - both demonstrate the IRS's aggressive stance on investigating alleged tax violations and the degree to which the courts will bless such…more
The subprime mortgage crisis is unique in America’s array of economic downturns. There have been banking crises on Wall Street (most recently, the Savings and Loan scandal) and real estate and mortgage crises on Main Street, but…more
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