News & Analysis as of

Confidential Information Government Investigations

Barnea Jaffa Lande & Co.

Document Subpoena from US Authorities: Critical Steps

Barnea Jaffa Lande & Co. on

Receiving a document subpoena from the DOJ, the SEC, or any other US regulatory authority is a stressful and unpleasant situation.   Things may seem even more stressful and complicated if you are a foreign national or company...more

Bradley Arant Boult Cummings LLP

Protective Order Battle Could Undermine Trump's Effective Defense

A battle is heating up in the Jan. 6 criminal case against former President Donald Trump that, while seemingly technical, will likely have a significant impact on the defendant’s ability to mount a defense. It may well serve...more

J.S. Held

Using Independent Taint Teams To Better Protect Attorney-Client Privilege

J.S. Held on

When the government acquires documentation via a search warrant or subpoena, especially one involving a law firm, there is a high probability that the information obtained may contain attorney-client privileged...more

K&L Gates LLP

K&L Gates Triage: When the Feds Come Knocking on Your Door

K&L Gates LLP on

In this episode, Michael McKay and Carla DewBerry discuss the practical implications of responding to an investigative inquiry by governmental officials. In particular, entities that find themselves as the subject of a...more

Jones Day

European Court of Justice Upholds Use of Evidence from Noncompetition Authority

Jones Day on

The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April...more

Burr & Forman

SEC Fines Company for Agreements Restricting Whistleblowers

Burr & Forman on

The SEC has fined an Atlanta company $265,000 for using various severance agreements restricting whistleblower activities. The Dodd-Frank Act added ’34 Act § 21F encouraging whistleblower programs. The SEC adopted Rule...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2016

Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one...more

Carlton Fields

Rule Change Would Let Law Enforcement Access Computers Remotely Regardless of Location

Carlton Fields on

The Supreme Court recently adopted a proposed change to Rule 41 of the Federal Rules of Criminal Procedure that would allow a federal judge to issue warrants authorizing government agents to access computers located in any...more

Clark Hill PLC

EEOC Implements Nationwide Procedures for Releasing Respondents' Position Statements to Charging Parties

Clark Hill PLC on

The Equal Employment Opportunity Commission (EEOC) recently implemented a new procedure that allows Charging Parties to request and obtain the Respondent employer's position statements and non-confidential attachments during...more

Parker Poe Adams & Bernstein LLP

EEOC to Allow Charging Parties Access to Employer's Position Statement

When employers receive a charge of discrimination filed with the Equal Employment Opportunity Commission, their response to the agency takes the form of a Position Statement, which sets forth the employer’s reasons for the...more

Sheppard Mullin Richter & Hampton LLP

You May Want To Reconsider Your Position – EEOC Announces New Procedure to Handle Administrative Charges Against Employers

The Equal Employment Opportunity Commission (“EEOC”) recently announced new nationwide changes to the procedures relating to its investigation of administrative charges filed against employers. When an individual files a...more

Seyfarth Shaw LLP

Opening The Vault – The EEOC’s New Position On Handing Over Position Statements To Charging Parties

Seyfarth Shaw LLP on

With little fanfare, the EEOC quietly announced on February 18, 2016 its adoption of new “Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties.” Importantly, the...more

WilmerHale

Divisional Court Confirms Lawfulness of SFO Procedures for Isolating Privileged Material

WilmerHale on

On 27 January, the Divisional Court in R (McKenzie) v Director of the Serious Fraud Office [2016] EWHC 102 (Admin) confirmed the lawfulness of the SFO’s procedures for dealing with material potentially subject to legal...more

McGuireWoods LLP

Challenging a CFPB Civil Investigative Demand Can Be Done without Revealing a Company Is Being Investigated

McGuireWoods LLP on

One of the Consumer Financial Protection Bureau’s (CFPB) key investigative and enforcement tools is to issue Civil Investigative Demands (CIDs), a form of an administrative subpoena that requires the recipient to produce...more

McGuireWoods LLP

Does Sharing Work Product with the Government Always Waive that Protection?

McGuireWoods LLP on

For decades, companies trying to cooperate with the government have hoped for a change in the general rule that disclosing privileged communications and/or work product to the government waives those protections. In nearly...more

Dorsey & Whitney LLP

Cooperation, the SEC and FOIA

Dorsey & Whitney LLP on

A critical part of cooperating with an SEC or DOJ investigation for FCPA or other possible violations is the production of documents. In order for the company to assess what happened it must conduct an internal investigation...more

Blake, Cassels & Graydon LLP

Solicitor-Client Privilege: The Quebec Securities Regulator Can Summon In-House Counsel to Testify in an Investigation

On July 16, 2015, the Supreme Court of Canada (SCC) denied leave to appeal to an in-house counsel (referred to as Ms. X to protect her identity) in the case of X v. Autorité des marchés financiers. The SCC thus maintained the...more

BakerHostetler

How to Respond to SEC Inquiries Concerning Data Breach and Data Security Policies

BakerHostetler on

Every company, whether public or private, has exposure to potential data breach or theft of confidential information. When this occurs, various state and federal regulatory organizations have jurisdiction over ensuring that...more

The Volkov Law Group

Lift-Off: Step-By-Step Procedures To Start An Internal Investigation (Part I Of IV)

The Volkov Law Group on

Life is filled with consequences. As our parents told us (and we repeated to our own children), “Your decisions have consequences.” I am a bit reluctant to start a blog series on internal investigations with a...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide