News & Analysis as of

Government Investigations

The Trump-Russian Lawyer: Undocumented? Issued a Visa? How Did She Get into the United States? Did CBP Really Strip Search Her at...

Many questions have arisen concerning the immigration status of the Russian lawyer who is at the center of the media’s coverage of the federal Russian 2016 Presidential Election interference investigation. Was she...more

Second Circuit Limits District Courts’ Authority Over Deferred Prosecution Agreements and Limits the Public’s Access to Monitors’...

by Dechert LLP on

Although deferred prosecution agreements (DPAs) are a commonly-used tool for government prosecutors, courts continue to struggle to determine how much judicial supervision of these agreements is permitted. On July 12, 2017,...more

Panda Express Fined $400,000 for Form I-9 Compliance Violation

Panda Express—the world’s leading Chinese fast food chain—agreed to settle a US Department of Justice (DOJ) investigation into its Form I-9, Employment Eligibility Verification procedures.  Panda Express was fined $400,000...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

Hui Chen-Propelling a New Level of Thinking on Compliance

by Thomas Fox on

Last week Matt Kelly scored the first interview with the Department of Justice’s (DOJ) former Compliance Counsel, Hui Chen after she left the DOJ. Kelly posted it on his Radical Compliance podcast site and its available on...more

Regulatory developments

by Dentons on

Final Notices - Former Logica employee sentenced in prosecution brought by FCA - Manjeet Mohal, 13 January 2017 - Manjeet Mohal, a former business analyst at Logica Plc, has been sentenced for insider dealing along...more

Phantom Recusal Policy Leads to Partial Summary Judgment for Plaintiffs in the Ocwen Securities Litigation

In a June 13, 2017, ruling on a motion for partial summary judgment in the Ocwen Financial Corp. Securities Litigation (the “Ocwen Litigation”), the United States District Court for the Southern District of Florida determined...more

[Webinar] Working Effectively with Counsel During Investigations and Contest - July 19th, 1:00pm ET

by Conn Maciel Carey LLP on

Dealing with enforcement isn’t at the top of any operator’s favorite things list. It can be a stressful and concerning experience for even the most seasoned operations. Often companies decide to engage with legal counsel...more

Poor Performing CEOs and Boards and Compliance Disasters

by Michael Volkov on

The business headlines are filled with the latest corporate scandal – Uber’s defective culture, CEO misconduct and reprehensible comments by supervising board members. Uber is just one of several significant companies caught...more

European Court of Justice Upholds Use of Evidence from Noncompetition Authority

by 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

New Rules: OCR Issues Internal Memorandum Impacting Enforcement Practices for Pending and Future Investigations

by Shipman & Goodwin LLP on

Earlier this month, the U. S. Department of Education, Office for Civil Rights’ Acting Assistant Secretary issued an internal memorandum to Regional Directors eliminating certain existing internal procedures and detailing new...more

OCR Guidance Could Alter Scope of Pending and Future Civil Rights Investigations

by WilmerHale on

A memorandum obtained by ProPublica, if authentic, sets forth substantially revised guidance for civil rights investigations conducted by the U.S. Department of Education's Office for Civil Rights (OCR). The memorandum,...more

New Fed Policy Eliminates Ability of Settlement Options to Include Payments to Non-Party NGOs

by Snell & Wilmer on

On June 7, 2017, United States Attorney General Jeff Sessions issued a memorandum to all Department of Justice (DOJ) components and 94 United States Attorney’s Offices prohibiting them from entering into any agreement on...more

Rover pipeline HDD spill investigation

by PretiFlaherty on

Federal energy regulators overseeing the development of a new interstate natural gas pipeline have announced the opening of an investigation, following the inadvertent release of about 2 million gallons of drilling fluid from...more

FCPA Compliance Report-Episode 334, Lauren Briggerman

by Thomas Fox on

In this episode, I visit with Lauren Briggerman, a member at the firm of Miller & Chevalier. She discusses the latest edition of the firm newsletter, Executives at Risk: Navigating Individual Exposure in Government...more

Does Obeying the FCPA Hurt Your Recruiting?

by Thomas Fox on

Imagine your company has gone through a Foreign Corrupt Practices Act (FCPA) investigation. As you near the end of the investigative phase and move into the enforcement phase, you tell the government that you have terminated...more

Cartel Enforcement Global Review - June 2017

by DLA Piper on

DLA Piper is proud to present the 2017 global review of cartel enforcement, which provides insights into trends that have emerged around the world in recent years, using our global network of competition and antitrust lawyers...more

Financial CHOICE Act Would Complicate the Choices in Bringing and Defending Against SEC Cases

Legislation passed by the U.S. House of Representatives threatens to shake up the Securities and Exchange Commission’s enforcement program in a historic manner....more

A Long Journey Through “Silk Road” Appeal: Second Circuit Affirms Conviction and Life Sentence of Silk Road Mastermind

On May 31, 2017, the Second Circuit issued its long-awaited decision in the “Silk Road” case, United States v. Ulbricht, (15-1815-cr) (2nd Cir. May 31, 2017) (Newman, Lynch, Droney)....more

Arbitration Bribery Corruption and Disputes - it's not as easy as ABCD

by Hogan Lovells on

Foreign Corrupt Practices Act ("FCPA") - For energy, mining, and resources companies, the cost of corruption—and getting caught—is real. Less than two months ago, Odebrecht S.A. was ordered by a U.S. federal judge to pay a...more

Preparing for an Investigation

by Thomas Fox on

The Department of Justice’s (DOJ) Evaluation of Corporate Compliance Programs (Evaluation), under Prong 7 Confidential Reporting and Investigation asks the following: Properly Scoped Investigation by Qualified Personnel – How...more

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

Pennsylvania Supreme Court Strengthens Protections For Property Owners In Landmark Civil Forfeiture Decision

by Ballard Spahr LLP on

Elizabeth Young is a 72-year-old grandmother whose home and car the government sought to forfeit based on several relatively minor drug sales her adult son conducted out of the house and car. Young fought the forfeiture and...more

Trending Wonkology: What is 'Special Counsel'?

by Thompson Coburn LLP on

Special Counsel - Definition: A person appointed by the U.S. Attorney General, or their designee, in cases where an internal investigation may present a conflict of interest or when it may be in the public interest....more

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Cybersecurity

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