Government Investigations

News & Analysis as of

High Court Reaffirms the Broad Scope of Legal Advice Privilege

In a High Court ruling on 5 November 2015, Mr. Justice Snowden helpfully reaffirmed the established precedent that legal advice privilege is not confined to telling the client the law: it may also attach to factual updates...more

Massive Fraud Alleged by Camarillo Pharmacist

Russell Reitz, a Camarillo pharmacist, with a modest prescription-filling service, R&O Pharmacy, sold his business to Philidor Rx Services, a mail-order pharmacy, for $350,000. Reitz stayed on as manager, only to see an...more

Brother Can You Spare Some (Compliance) Advice?

Usually I have Houston professional sports teams to hold high as example of true bone headedness around compliance issues. However, as my beloved Houston Astros took the World Series Champions, KC Royals, to the 7th inning of...more

Climate change and shareholder disclosure: More investigations on the horizon?

Climate change science is back in the headlines and social media. New York is attempting to use its powers under the Martin Act to investigate prior corporate disclosures on climate change. In early November, New York...more

China Regulatory Enforcement Quarterly - Q3 2015

On August 12, a series of explosions in the northern port-city of Tianjin killed over one hundred people and injured hundreds of others. The explosions were allegedly caused by hazardous chemical materials in shipping...more

Welcome Clarification of English Law Regarding Legal Advice Privilege

The High Court has delivered an important judgment on the application of legal advice privilege to factual reports delivered by lawyers to their clients in the context of a regulatory investigation. In the case of Property...more

DOJ Appoints New Compliance Expert

The United States Department of Justice (DOJ) has appointed Hui Chen, former head of compliance for Standard Chartered Bank and ex-assistant General Counsel at Pfizer, Inc., as its fraud section’s compliance expert. Chen will...more

How Not To Carry Out Dawn Raids: Supreme Court Sets New Rules

Unannounced inspections of the Antimonopoly Office of the Slovak Republic (dawn raids) have recently become more and more frequent. They represent a very intrusive interference and certainly a most unpleasant encounter, as...more

Arrest of Pharma Executive on Federal Kickback Charges Sends Strong Message About DOJ's Initiative on Personal Accountability

Federal agents recently arrested the former president of an Allergan PLC division on charges of conspiring to pay kickbacks to physicians to induce them to prescribe the company's drugs. On October 28, 2015, a grand jury in...more

SFO speaks on co-operation

Ben Morgan has spoken on SFO’s recent successes and current cases. He then focused on how firms should co-operate with SFO. He said: - in principle, SFO is more likely to consider a deferred prosecution agreement (DPA)...more

A New Trend? NY AG Settles First Climate Change Disclosure Case

New York Attorney General Eric T. Schneiderman may be leading the way again. In the past the office has lead ground breaking investigations using New York’s Martin Act that presaged significant SEC investigations and actions....more

3 Major Mistakes Companies Make When Being Investigated: The SEC’s Steven Cohen on Do's and Don'ts During an Investigation

On Thursday, October 29th, a call was hosted by the Society of Corporate Compliance and Ethics (SCCE) with Steven Cohen, Associate Director of the Securities and Exchange Committee (SEC). For over an hour, Mr. Cohen spoke...more

Ninth Circuit Gives EEOC Broad Access to Employee Personal Information During Charge Investigation

When investigating administrative charges of discrimination, the Equal Employment Opportunity Commission often sends employers Requests for Information that seek details about employees similarly situated to the charging...more

DOJ Announces New Compliance Counsel and Outlines Metrics for Evaluating Corporate Compliance Programs Under Scrutiny

In July 2015, the U.S. Department of Justice’s Criminal Division revealed that it was hiring a Compliance Counsel to assist in assessing the quality and effectiveness of companies’ corporate compliance programs under scrutiny...more

DOJ Sharpens Focus on Corporate Compliance in Deciding Whether to Prosecute Companies

One of the factors that the U.S. Department of Justice (DOJ) considers in deciding whether to bring charges against a corporation is the existence and effectiveness of the corporation’s pre-existing compliance program. On...more

Cross-Border Investigations Update - November 2015

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of...more

Australian Anti-Bribery & Compliance Trends

Today we welcome Ted Williams, Partner, Piper Alderman. Ted, can you share some of your background and experience? TW: Thank you, Richard, for the opportunity to engage with your community, and it was a pleasure to...more

Justice Department Charges Pharma President with Kickback Conspiracy

In the public relations battle following the issuance of the Yates Memo, the Justice Department can now cite one example for the new policy – the recent arrest and charging of Carl Reichel, former President of Warner...more

Canada Continues Aggressive CFPOA Enforcement in Battle against Corruption

The first half of 2015 saw Canada’s Royal Canadian Mounted Police (RCMP) continue to employ the stronger enforcement measures and stiffer penalties secured with the 2013 amendments to Canada’s Corruption of Foreign Public...more

Dorsey Anti-Corruption Digest - October 2015

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. In this digest, we draw together news of enforcement activity throughout the world and aim to reduce your information overload. Our London, Minneapolis, New York...more

DOJ Announces Sentencing of Former DEA Agent for Criminal Involvement in Silk Road Investigation

On October 19, the DOJ announced that a former DEA agent was sentenced to 78 months in prison for crimes he committed while working as an undercover agent in the Silk Road investigation. On July 1, the former DEA agent...more

DOJ’s Pursuit of Individual Liability for Corporate Misconduct: The Yates Memo

Cooperation credit is a critical issue for corporations that become embroiled in investigations or enforcement activity. In both the criminal and civil contexts, it is the only way to mitigate the financial impact of...more

New Antidumping And Countervailing Duty Petitions On Certain Iron Mechanical Transfer Drive Components From Canada And China

On October 28, 2015, TB Wood’s Incorporated filed antidumping (AD) petitions with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC), regarding certain iron mechanical transfer drive...more

Yates Memo Discussed at Pharmaceutical Compliance Congress

As readers of Health Law and Policy Matters know, we have covered recent developments in the Department of Justice’s (DOJ’s) commitment to prosecuting individuals involved in corporate misconduct. A flurry of activity on...more

Worth Another Look: Special Committee on Senate Address

Yesterday, the State Senate assembled a special committee to investigate Attorney General Kathleen Kane’s competency to carry out the duties of her office. In August, Kane was charged with perjury, false swearing, obstructing...more

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