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Discovery Government Investigations

Jones Day

Federal Court Grants the SEC Limited Access to the Identities of Law Firm Clients Impacted by a Cyberattack

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In Short - The Situation: Following a cyberattack on a law firm's systems, the Securities and Exchange Commission ("SEC") subpoenaed the firm for information, including the identity of clients whose information may have...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

Venable LLP

Spoliation and Failure to Disclose: What Gets Swept Under the Rug in FTC Investigations Lands in a Dangerous Pit

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Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action. After being notified that the FTC has begun an...more

Stark & Stark

What Is A Special Master? Former President Trump Filed Motion Seeking the Appointment of a Special Discovery Master

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Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special...more

Esquire Deposition Solutions, LLC

Congressional Committee Depositions: A Deposition Unlike Any Other

The summer of 2022 is turning out to be the summer of legislative investigations and their own special kind of deposition. These depositions are unique in the law, and they can materialize as quickly as a summer thunderstorm....more

EDRM - Electronic Discovery Reference Model

The Case That Showed Me The Value of E-Discovery Plans

(Originally published by Law360, Portfolio Media, June 15, 2022, 3:06 PM EDT) - In October 2016, AT&T Inc. announced its plan to merge with entertainment company Time Warner Inc., a historic $85 billion deal that was widely...more

Epiq

How to Position Technology Assisted Review (TAR) With Government Regulators in Antitrust Matters

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Regulators in the U.S. and abroad have been quick to recognize the value of technology-assisted review (TAR) workflows as important tools that can prevent massive data dumps and allow them to focus their analysis on critical...more

Proskauer - Minding Your Business

The Sound of “Silent Attorneys”: DOJ Alleges Google Fakes Attorney-Client Privilege by CCing Lawyers Who Never Respond

If a request for legal advice goes unanswered, is it really a request for legal advice? According to the U.S. Department of Justice and several state attorneys general (“DOJ Plaintiffs”) in an antitrust action against...more

Reveal

How eDiscovery Technology Can Mitigate Challenges of Investigations

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Some of the challenges associated with searching through data for an investigation are similar to those faced during the discovery stage of the litigation process as it exists in the United States. The need to defensibly...more

Reveal

eDiscovery For Investigations: 3 Common Use Cases And What You Should Know

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Corporations need to do more internal investigations than ever before. They need investigations to be able to respond adequately and timely to requests from regulators....more

Eversheds Sutherland (US) LLP

Enforcement appears as messages disappear: The perils of personal and ephemeral messaging

On December 17, 2021, a financial institution agreed to pay $200 million in fines to the Securities and Exchange Commission and Commodities Futures Trading Commission for allowing employees to discuss business on their...more

Goodwin

Biogen Inc. Wins Some, Loses Some, in Delaware Chancery Court Corporate Records Suit

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Biogen Inc. Wins Some, Loses Some, In Delaware Chancery Court Corporate Records Suit; Southern District of Florida Dismisses Securities Fraud Class Action Against Norwegian Cruise Lines Stemming From Alleged Impacts of...more

Latham & Watkins LLP

SFO’s International Investigatory Powers Curbed in Supreme Court Ruling

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Landmark decision holds that the SFO does not have the power to procure documents from foreign companies outside the jurisdiction. On 5 February 2021, the UK Supreme Court handed down a highly significant judgment in R...more

Association of Certified E-Discovery...

[Webinar] How to Prove a Negative Without Breaking the Bank: Practical Strategies that Will Save Time in an Investigation -...

When hit with an unexpected information request, eDiscovery teams need to quickly size up the task and learn the facts. Sometimes, however, there are no relevant documents to be found. When documents themselves are the object...more

Baker Donelson

At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

Baker Donelson on

In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more

White & Case LLP

No third party production: FRC loses its demand for Sports Direct's privileged documents

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Court battles with regulators over privilege and the disclosure of documents are becoming increasingly common. However, it is not often that you see a regulator seeking to obtain the privileged documents of a third party who...more

Troutman Pepper

Employers Beware: Federal Court Upholds Aggressive Law Enforcement Tactics When Investigating False Claims Act Allegations

Troutman Pepper on

Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the...more

Kramer Levin Naftalis & Frankel LLP

Delaware Chancery Court Holds That Stockholders Had a “Proper Purpose” to Seek Board Materials From Opioid Distributor, and Orders...

In a 63-page decision issued on Jan. 13, 2020, in Lebanon County Employees’ Retirement Fund v. AmerisourceBergen Corporation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery found that stockholders of...more

Polsinelli

New Federal Rule of Criminal Procedure 16.1 Aims to Assist Practitioners in Disclosure and Discovery of Electronically Stored...

Polsinelli on

On December 1, 2019, Federal Rule of Criminal Procedure 16.1 (Rule 16.1 or the “Rule”) went into effect. With a focus on defense counsel’s ability to adequately prepare for trial, the Rule functions as a response to concerns...more

Jackson Lewis P.C.

[Webinar] What You Need to Know When Government Investigators Knock - December 4th, 2:00 pm ET

Jackson Lewis P.C. on

Receiving notice that the government is investigating your organization, employees or corporate and/or scientific practice can be a cause for alarm – but it doesn’t have to be. Former federal prosecutors and Jackson Lewis...more

Dechert LLP

The Long Arm of UK Law Enforcement Reaches a Handshake Deal with U.S. DOJ on UK-U.S. Electronic Data

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The UK Home Office and the U.S. Department Of Justice (“DOJ”) have signed an agreement (the “Agreement”) which will enable British and U.S. law enforcement agencies to compel UK and U.S. cloud service providers (“CSPs”) to...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Amends Corporate Enforcement Policy on Companies’ Use of Electronic Messaging Apps

On March 8, 2019, the U.S. Department of Justice announced an important change to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy concerning one of the conditions — “appropriate retention of business...more

Troutman Pepper

Are You Sure Those Conversations Are Covered by the Common Interest Privilege? Check the Record

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Imagine you are representing an individual who has been subpoenaed for testimony as part of the government’s investigation of her employer. ...more

Bass, Berry & Sims PLC

Adding Insult to Injury: When an FCA Complaint Begets Follow-On Corporate Litigation

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The Delaware Supreme Court recently affirmed a decision by the Delaware Court of Chancery addressing a plaintiff’s ability to acquire key documents from a defendant company based on allegations against that company in an...more

Epiq

How will the GDPR impact international investigations?

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GDPR: A Snapshot - The GDPR updates the EU’s 1995 framework data privacy law—which is outdated due to the technological advances that have occurred since the mid-1990s. The European Commission proposed the GDPR in 2012,...more

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