FCPA Compliance and Ethics Report-Episode 31-the FCPA Year in Review, Corporate Enforcement Actions
What Not To Do If You Are Involved in a Federal Criminal Investigation
The U.S. Attorney General’s office says it is reviewing an open letter submitted by a consumer group encouraging a criminal probe into the destruction by Johnson & Johnson (J&J) of pelvic mesh litigation documents....more
Sokn v. Fieldcrest Cmty. School Dist. No. 8, 2014 WL 201534 (C.D. Ill. Jan. 17, 2014).
In this discrimination lawsuit, the plaintiff was the only female principal in the defendants’ school district. The plaintiff...more
In 2003, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York issued five landmark decisions, which have since shaped the landscape of electronic discovery and document preservation. ...more
As 2013 wraps up, it is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014:
1. Executive Order 13627 on Trafficking in Government Contracts —...more
In this episode, I review the corporate FCPA enforcement actions of 2013. ...more
Officials at Johnson & Johnson’s Ethicon division are currently facing serious allegations that they intentionally destroyed important documents that had been order to be preserved as evidence for thousands of vaginal mesh...more
What happens when seven of the smartest, most articulate ediscovery professionals come together for an hour talk about—quite frankly—whatever they want?
Just yesterday Josh Gilliland, Samir Mathur, Barry Murphy, Ralph...more
United States v. Halliburton Energy Services, Inc., No. 2:13-cr-00165-JTM-KWR (E.D. La. Sept. 19, 2013). In this criminal law case, the Justice Department accepted the defendant’s guilty plea for “unauthorized destruction...more
Imagine an app that lets you send 10-second picture messages… and then the pictures get deleted forever. Welcome to SnapChat, the app allegedly used by Wall Street moguls for insider trading and a platform for new fashion...more
Sekisui Am. Corp. v. Hart, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013). In this case, Judge Shira Scheindlin reversed an earlier order that denied spoliation sanctions for the plaintiffs’ deletion of ESI. The underlying breach...more
Part II: The Implications
What level of culpability should trigger sanctions? Negligence? Gross negligence? Bad faith? What arises to the level of prejudicing the non-producing party’s case? This case brings to light...more
Judge Shira Scheindlin’s latest opinion, Sekisui v. Hart, marks a major development for the latest footprint in spoliation case law and is sure raise eyebrows among federal rule makers tasked with reworking Federal Rule 37....more
Cottle-Banks v. Cox Commc’ns, Inc., 2013 WL 2244333 (S.D. Cal. May 21, 2013).
In this spoliation case, the plaintiff alleged that the defendant charged a rental fee to customers for use of “set-top-boxes”, even though...more
The disturbing saga of former New England Patriot tight end Aaron Hernandez has continued to unfold before our eyes over the past few days. Hernandez has now been charged with one count of first-degree murder and is allegedly...more
Gatto v. United Air Lines, Inc., 2013 WL 1285285 (D.N.J. Mar. 25, 2013).
In this personal injury dispute, the defendants sought spoliation sanctions arising out of the plaintiff’s destruction of relevant social media...more
E.E.O.C. v. Ventura Corp, Ltd., 2013 WL 550550 (D.Puerto Rico Feb. 12, 2013). In this case, the plaintiffs sought sanctions against the defendant for allegedly destroying relevant evidence of discriminatory hiring practices...more
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more
Former HazMat Specialist Jon P. Andrews, assigned to the Augusta Region of the Maine Department of Environmental Protection, has pleaded guilty to destroying three years of spill records on his final day on the job. The...more
In This Issue:
Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more
Company Refused to Hire Black Applicants, Federal Agency Charged -
MIAMI - A Miami transportation company violated federal law by subjecting African-Americans to race discrimination, U.S. Equal Employment Opportunity...more
Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses what NOT to do if you are under investigation for a possible federal criminal charge.
We are pleased to present the 24th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent decisions addressing the statute of repose for securities fraud claims, the...more
Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers
In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more
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