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Evidence Enforcement Actions

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...more

Latham & Watkins LLP

10 Key Takeaways Developments in International Cartel Enforcement and Observations From Workshop

Latham & Watkins LLP on

Latham’s Antitrust & Competition Practice provides insight on the current state of enforcement, including more expansive views of what constitutes a cartel, enhanced detection tools, and what to expect next....more

Ballard Spahr LLP

Blockchain Analysis and Related Expert Testimony Admissible In Criminal Trial

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It is challenging for law enforcement to track down and trace illicit activities conducted through digital currencies. The process can be very time- and resource-intensive. Further, securing charges and arrests, and...more

Robinson+Cole Data Privacy + Security Insider

Controversial ‘Keyword Search’ Warrant Leads to Arrests in Murder Case

Last week, the Colorado Supreme Court upheld a criminal conviction which relied in part on evidence obtained pursuant to a warrant for Google search data. People v. Seymour, 2023 CO 53 (Oct. 16, 2023) (available at...more

Jones Day

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

Jones Day on

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

Arnall Golden Gregory LLP

Government Investigations Team Insights - December 2021

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we discuss recent criticism of the Justice Department’s use of “taint teams” to review...more

Oberheiden P.C.

The SEC Investigation Process: An Overview

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The U.S. Securities and Exchange Commission (SEC) investigates companies, brokerage firms, and individuals for a broad range of statutory and regulatory violations. These investigations can lead to civil or administrative...more

Jones Day

JONES DAY TALKS®: Private Antitrust Litigation in France

Jones Day on

Jones Day’s series on private enforcement actions relating to antitrust matters in Europe continues with a focus on recent developments in France. Partners Eric Barbier de La Serre and Ozan Akyurek discuss how proceedings...more

McDermott Will & Emery

[Webinar] 2021 +Dx Diagnostics Forum - April 6th, 12:00 pm - 3:30 pm EST

McDermott Will & Emery on

Celebrating its sixth program, McDermott+Consulting’s +Dx Diagnostics Forum is the premier annual program for the laboratory diagnostics community. Gain insight into how the industry addresses regulatory and business...more

Morgan Lewis

Dawn Raid Golden Rules

Morgan Lewis on

Don’t obstruct: Be professional and cooperative. Don’t destroy documents or other evidence. Call counsel immediately to protect your rights. Keep a record of what is searched, what is taken, who was involved in...more

K&L Gates LLP

Voluntary Disclosure: Newsflash – October 2020

K&L Gates LLP on

In this episode, we examine how two criminal defendants are aiming to leverage parallel FCPA investigations by the SEC and the DOJ to build their defense. We’ll also offer our thoughts on the SEC’s new (and improved?)...more

Hogan Lovells

Cryo-currency? Hong Kong Court grants freezing injunction over bitcoins

Hogan Lovells on

A Hong Kong court has granted an injunction freezing the assets of a French cryptocurrency trader in a dispute over what happened to bitcoins held in an insolvent trading platform. In Nico Constantijn Antonius Samara v Stive...more

The Volkov Law Group

DOJ Tweaks FCPA Corporate Enforcement Policy

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The Department of Justice recently announced updates to its Foreign Corrupt Practices Act Corporate Enforcement Policy. While the changes were relatively minor, the modifications underscored important principles surrounding...more

The Volkov Law Group

DOJ Charges Two Herbalife Executives with Criminal FCPA Violations

The Volkov Law Group on

Last week, DOJ announced the indictment of two former Herbalife executives in China for participating in a bribery scheme over a ten-year period.  Herbalife, a multi-level marketing company, was not charged and its...more

Skadden, Arps, Slate, Meagher & Flom LLP

Transatlantic Approach on Corporate Cooperation: How Newly Issued French and UK Guidance Compare to US Practices

As widely anticipated, French and U.K. regulators recently published guidance detailing their expectations for corporate cooperation in enforcement investigations. Both sets of guidance demonstrate further alignment of those...more

WilmerHale

The Case of AL disclosure rights and privilege in the age of DPAs

WilmerHale on

On 19 April 2018 the High Court handed down its judgment in the case R (on the application of AL) v Serious Fraud Office. The Claimant (AL) is a current defendant in criminal proceedings brought by the SFO....more

Bennett Jones LLP

US $2.6-Billion Fraud Judgment Awarded Against Former Sino-Forest CEO

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On March 14, 2018, the Honourable Justice Penny of the Ontario Superior Court (Commercial List Division) released a decision granting a US$2.6-billion judgment to the SFC Litigation Trust for fraud and breach of fiduciary...more

Ballard Spahr LLP

FTC files comments on CFPB’s CID RFI

Ballard Spahr LLP on

The FTC has filed comments on the CFPB’s Request for Information regarding its civil investigative demands and investigational hearings. ...more

Robinson+Cole Data Privacy + Security Insider

DOJ: Seek Data from the Business Enterprise, Not Its Cloud Provider

Where does the U.S. Department of Justice (DOJ) turn when it needs business enterprise data stored on the cloud for a criminal investigation? According to a recent DOJ memo, the default rule is now turn to the business...more

Fisher Phillips

Supreme Court Limits EEOC Subpoena Power

Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Thomas Fox - Compliance Evangelist

General Cable FCPA Enforcement Action – Part II: The Comeback

Yesterday I began an exploration of the General Cable Corporation (General Cable) Foreign Corrupt Practices Act (FCPA) enforcement action. It was settled with the DOJ via a Non-Prosecution Agreement (NPA) and the SEC via a...more

The Volkov Law Group

E-Mail Communications: The Devil is on the Server

The Volkov Law Group on

It is hard to imagine how prosecutors were able to bring cases before there was email communications. When I was a prosecutor, we looked for evidence in a lot of other sources, internal memos, calendars and other places where...more

Pierce Atwood LLP

New Amendments to SEC's Rules of Practice in Administrative Proceedings

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On July 13, 2016, the U.S. Securities and Exchange Commission (SEC) adopted several amendments to its Rules of Practice regarding administrative proceedings. The amendments address, among other things, the timing of...more

Stinson - Corporate & Securities Law Blog

SEC Amends Rules for Administrative Proceedings

The SEC has approved a final rule amending its rules of practice for administrative proceedings. Among other things, the final rules would adjust the timing of administrative proceedings and give parties additional...more

Dechert LLP

Achilles Macris v FCA: Court of Appeal Ruling Safeguards Individuals’ Rights in Regulatory Investigations

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As part of its policy of credible deterrence, the UK Financial Conduct Authority (FCA) has frequently sought to include specific examples of individuals’ behaviour in its enforcement notices in order to highlight the failings...more

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