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Appeals › Fraud › Internal Investigations

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

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On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

Dechert LLP

No Futility Exception: Where Transferee is on “Inquiry Notice,” No Good Faith Defense to Fraudulent Transfer Clawback Absent...

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Answering “no” to a certified question from the Fifth Circuit, the Supreme Court of Texas held that a transferee on inquiry notice of fraud cannot shield itself from clawback without diligently investigating its initial...more

Bracewell LLP

Legal Professional Privilege: The New Status Quo

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Legal professional privilege (“LPP”) has been a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer and its client. As a concept...more

King & Spalding

UK Court Takes a “Realistic” and “Commercial” Approach to Litigation Privilege in the Context of Internal Investigations

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In a judgment handed down at the end of 2017, but only recently released, the High Court in London has determined - in Bilta (UK) Ltd v RBS - that interviews held with employees in preparation of a report intended to deter a...more

A&O Shearman

High Court Rules That Litigation Privilege Can Apply in Respect of Internal Investigations

A&O Shearman on

In Bilta (UK) Ltd (in Liquidation) & Ors v Royal Bank of Scotland plc and Mercuria Energy Europe Trading Limited [2017] EWCH 3535 (Ch) (“Bilta v RBS”), the High Court upheld RBS’s claim of litigation privilege over documents...more

Skadden, Arps, Slate, Meagher & Flom LLP

English Court Questions the Application of Litigation Privilege in Criminal Investigations

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On 8 May 2017, the English High Court of Justice handed down judgment in The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd,1 which could significantly limit the application of litigation...more

Amundsen Davis LLC

Recent Appellate Court Decision Provides Guidance For Investigating Intermittent FMLA Abuse

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Intermittent FMLA leave can be a source of frustration for employers even when it is used appropriately because it complicates staffing and planning and interrupts business operations. But when an employee’s use of...more

Obermayer Rebmann Maxwell & Hippel LLP

Third Circuit Issues Employer-Friendly Ruling in Discrimination and Retaliation Case

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On August 12, 2015, the Third Circuit Court of Appeals issued a precedential opinion in Jones v. SEPTA, a discrimination and retaliation claim brought by a former employee of the Philadelphia-area transit agency. The Third...more

Perkins Coie

D.C. Circuit Reaffirms Validity of Attorney-Client Privilege and Work Product Protection in Internal Investigations

Perkins Coie on

On August 11, 2015, in United States ex rel. Barko v. Halliburton et al., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), the U.S. Court of Appeals for the D.C. Circuit issued an important opinion vacating another series of...more

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