News & Analysis as of

Government Investigations Enforcement Actions

Every Little Helps with a DPA

by Dechert LLP on

Lord Justice Leveson approved Tesco Store Limited’s (“Tesco”) Deferred Prosecution Agreement (“DPA”) on 10 April 2017, making them the fourth company since November 2015 to enter into a DPA with the UK’s1 Serious Fraud Office...more

Supreme Court Limits EEOC Subpoena Power

by 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

You’re Fired: What Impact Will Sally Yates’ Departure Have on the DOJ’s Fraud Enforcement?

by Snell & Wilmer on

As most of the world now knows, President Trump fired acting Attorney General Sally Yates last week after she declined to defend the President’s travel ban. Dana Boente has replaced Ms. Yates, but he may not be long for the...more

FERC Enforcement Actions After Chairman’s Abrupt Exit and Lack of Quorum

Matt Connolly, a senior associate in Nutter’s Litigation Department, evaluated Federal Energy Regulatory Commission (FERC) enforcement actions in the wake of Chairman Norman Bay’s resignation in Nutter Insights. Matt...more

"Cross-Border Investigations Update - December 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update looks at Brexit’s impact on corporate crime and investigations, the U.S. DOJ’s increased use of forfeiture actions with international implications, current...more

Hiding Behind the Privilege – A Cloak or a Dagger?

by Michael Volkov on

CCOs face many challenges in their jobs. One area that is difficult but usually can be solved with common sense is where to draw the line on attorney-client privilege issues. As a practicing attorney, I can attest to the...more

A Sharpening of the Pensions Regulator's Claws

by White & Case LLP on

The Pensions Regulator ("TPR") has wide-ranging statutory powers to intervene in the running of work-based pension schemes. The most prominent of these are the so-called "moral hazard powers". To date, TPR has used these...more

[Webinar] The “Risky Business” of the Federal False Claims Act: Strategic Thinking for 2017 - December 8th, 12:00pm ET

by Williams Mullen on

Calling in-house counsel and top executives at government and defense contractors, health care and long term care providers, and manufacturing companies. On December 8 at 11:30 am ET, join Williams Mullen attorneys at this...more

"Skadden Energy Law Handbook: Fourth Edition (November 2016)"

Skadden’s Energy Regulation and Litigation Group is pleased to provide the fourth edition of the Skadden Energy Law Handbook, which includes a summary of recent developments. The handbook contains 16 chapters covering a broad...more

Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more

John Fogarty Rocks-Nu Skin Informs Oversight

by Thomas Fox on

I recently saw John Fogerty in concert. For those you are not aware, he was a founding member and the driving force behind Creedence Clearwater Revival (CCR), one of the very top American groups from the 1960s and early...more

Navigating the new landscape of government investigations: key points

by DLA Piper on

As businesses expand their operations into new markets across continents and hemispheres, they are encountering a host of issues in addition to the complexities that go along with entering any new jurisdiction. Established...more

FERC Civil Penalties May Be Subject to Full Judicial Review

by Reed Smith on

A Federal District Court recently held that a proposed civil penalty assessed by FERC was subject to a full trial de novo where the respondent elects to forego a hearing before an Administrative Law Judge, a matter of first...more

SEC Affirms Denial of Bounties to Three Purported Whistleblowers

On July 19, 2016, the SEC issued an order upholding the SEC Claims Review Staff’s (“CRS”) Preliminary Determination denying three claims for whistleblower awards. The SEC’s order explains how the claimants’ bounty requests...more

"China and the Foreign Corrupt Practices Act"

Recent U.S. Department of Justice (DOJ) policies on corporate crime prosecutions, coupled with the Chinese government’s robust anti-corruption campaign, are proving challenging for U.S. corporations with business operations...more

Mine Commission Upholds Safety Agency’s Demand for Records in Split Decision

by Jackson Lewis P.C. on

The Federal Mine Safety and Health Review Commission has upheld a judge’s decision favoring the government over a Western Kentucky coal operator who had refused to honor a directive to provide federal authorities with a...more

The Only Thing You Have to Fear . . . Is No Documentation

by Michael Volkov on

Compliance is a profession that requires multi-tasking – another profound grasp of the obvious. But in the multi-tasking world, some principles and strategies are more important than others. My colleague and...more

OIG Spring 2016 Semiannual Report to Congress Highlights Enforcement/Investigative Accomplishments

by Reed Smith on

The OIG has issued its Spring 2016 Semiannual Report to Congress, which describes significant enforcement and investigative activities relating to HHS programs during the first half of FY 2016 (October 1, 2015 – March 31,...more

SEC Issues Two Multi-Million Dollar Whistleblower Awards

Over the past week, the U.S. Securities and Exchange Commission (“SEC”) announced two multi-million dollar awards to whistleblowers who provided the SEC with information in ongoing investigations. On May 13, 2016, the...more

EPA Investigates Alabama State Environmental Agency for Alleged Violation of Civil Rights Act

by Miles & Stockbridge P.C. on

In an unprecedented action, the Environmental Protection Agency (EPA) is investigating the Alabama Department of Environmental Management (ADEM), one of its state counterparts, for alleged civil rights violations under Title...more

Australia Raises its Anti-bribery Compliance & Enforcement Game

After broad international and domestic criticism of its efforts, the Australian Government is now showing an appetite for significant reform in the area of foreign bribery....more

SEC Awards Nearly $2M in Whistleblower Bounties

On March 8, 2016, the SEC announced payment of nearly $2,000,000 in whistleblower bounty awards to three tipsters. (The order granting the award can be accessed here.) The largest of the three awards, approximately...more

What GCs Need to Know About Employment Enforcement Agencies

by Zelle LLP on

his is the third in our series of posts meant to give General Counsel (and those who support and inform them) a quick overview of employment law issues they are likely to encounter. As we have noted in previous posts, the...more

Red Notice Newsletter - February 2016

DOJ and SEC Announce Settlement with PTC, Inc. in FCPA Case Involving SEC’s First Individual Deferred Prosecution Agreement - On February 16, 2016, the U.S. Securities and Exchange Commission (SEC) and the U.S....more

Defending Against Insider Trading Claims

by DLA Piper on

No corporate legal issue captures public attention quite like insider trading. These cases epitomize the worst stereotypes of Wall Street and often involve high-profile individuals. Government prosecutors and securities...more

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