Investigations

News & Analysis as of

Scope of Pennsylvania's Whistleblower Law Examined

As if Counties could forget that Court employees are just a little different, the Commonwealth Court of Pennsylvania sent us another reminder when the Court held that the Pennsylvania Whistleblower Law does not apply to...more

Deep Dive Due Diligence: Part IV – Level III Due Diligence for 3rd Parties

Today, I continue my exploration of Level III, deep dive due diligence, by discussing how this should be considered for third parties. I am joined this week by Candice Tal, founder and Chief Executive Officer (CEO) of...more

Deep Dive Due Diligence: Part I – What is Level III Due Diligence?

There are many levels of due diligence investigation. In a multi-part series this week, I am going to focus on Level III, deep dive due diligence. I am joined in this exploration by Candice Tal, founder and Chief Executive...more

The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements

The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for price fixing and market sharing...more

OIG Releases FY 2016 Statistical Data About Medicaid Fraud Control Units

Earlier this week, the Office of Inspector General for the Department of Health and Human Services (“OIG”) posted its fiscal year (“FY”) 2016 data about Medicaid Fraud Control Units (“MFCUs”) across the country....more

SEC Reportedly Centralizing Authority to Issue Formal Investigation Orders

According to a report in the Wall Street Journal, the acting Chairman of the Securities and Exchange Commission has centralized authority to issue formal orders of investigation – a critical authority that triggers the...more

Bridging the Gap: AMLC Launches Government Relations Initiative to Further Practice Area Understanding between Private and...

The scenario is a familiar one to lawyers practicing in maritime and admiralty law – a frantic middle-of-the-night call, a shipboard emergency, and your client looking to you for answers in a high-stakes scenario which could...more

ACCC Investigations: Be prepared in 2017

The start of a new calendar year marks a good opportunity for businesses to review their competition and consumer law compliance programs and identify key risk areas for the year ahead. The most recent annual report of the...more

Title IX Update: February 2017 - Recent Title IX Developments

Elmira College – December 2016 OCR recently released a Resolution Letter and Resolution Agreement in relation to a complaint filed with OCR against Elmira College. While noting in its Press Release that “Elmira College...more

WTO Panel Report: Russia – Commercial Vehicles

Decision: A WTO Panel has handed down a mixed ruling in an EU challenge to anti-dumping duties imposed by the Russian Federation on certain light commercial vehicles (LCVs). The Panel found for the EU on 8 of the 28...more

Connecticut Trial Court Addresses Administrative Agency's Targeting of Law Firms Under the State Unfair Trade Practices Act

In a December 5, 2016 decision, a Connecticut trial court (Huddleston, J.) addressed the limitations on the Connecticut Commissioner of Consumer Protection in enforcing a so-called "investigative demand" served under the...more

Investigations: notes of employee interviews not privileged

Lawyers' notes of interviews with a bank's employees conducted as part of two investigations were not privileged since the employees were not the "client" and the notes were not lawyers' working papers, according to the...more

Title IX Investigations in Need of Reform

How much of the failure to grasp current controversies over campus Title IX investigations come from seeing two sides even though they are demanding similar measures? Many from both camps, seemingly in frustration, suggest...more

How to Conduct Cross-Border Investigations without Losing It

In 2016, the UK did the unthinkable: it voted to leave the European Union. And in the U.S., a dark horse presidential victory was nearly as big a surprise. Both events are impacting U.S. law firms and corporations that do...more

New ITC Investigations Surge in 2016

The ITC’s docket experienced a strong uptick in 2016, with new investigations approaching the record highs of 2010 and 2011, the years of the smartphone wars. 54 new investigations were instituted at the ITC in 2016,...more

Title IX Update: January 2017 - Recent Title IX Developments

Nexsen Pruet’s Title IX team assists educational institutions in Title IX compliance. The team’s primary focus includes assisting with Title IX complaint investigations and serving as adjudicators. The team also provides...more

Landmen as Independent Contractors: Is the government’s voluntary settlement program too good to pass up?

The days of the lone landman driving around the back roads taking leases and visiting courthouses are becoming a thing of the past. Though there are still a few independent landmen who fit this mold, clients have demanded...more

FCPA Compliance Report-Episode 295-Juliet Lui on cost effective small and medium compliance investigations [Video]

In this episode I visit with Juliet Lui as we discuss how to best handle small and medium investigations in an efficient and cost effective manner. We discuss how such matters often slip through the cracks as they are not...more

7 Takeaways from the Maritime Investigations Presentation at This Year’s Work Boat Show in New Orleans

It is Work Boat Show time in New Orleans, and yesterday featured a great presentation on marine investigations. Any maritime lawyer worth her salt will tell you that the best part of the practice is getting that 0200 client...more

Don’t Get Tagged – Avoiding Ethical Missteps with Social Media Investigations

As the number of people who interact on social media surpasses the one billion mark, attorneys are catching-on and turning to various platforms for investigative purposes and as informal discovery tools. We all know that the...more

EEOC Performance and Accountability Report Shows Increase in Charge Filings for FY 2016

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published its annual Performance and Accountability Report (PAR), revealing an increase in charge activity for FY 2016. According to the PAR, the...more

China’s Controversial New Cybersecurity Law

Earlier today, the Chinese government in Beijing approved a sweeping new cybersecurity law aimed at centralizing control over computer networks operating within China’s borders. The new law is broadly drafted and...more

Proposed Rule to Strengthen State Medicaid Fraud Control Units

A recently published proposed rule expands the functions and responsibilities of state Medicaid Fraud Control Units (MFCUs). The rule was issued by the Centers for Medicare and Medicaid Services (CMS) and the Office of...more

Workplace Investigations And The Case Of The Planted Peanut Butter

I’m a week late with this follow-up. (Sorry.) - Two weeks ago, I posted about an employee (fictionally named “Zoey”) who had a peanut allergy. After she asked a peanut-butter-loving co-worker (“Addison”) to be...more

Antitrust Updates for Private Equity Firms

In an era of robust merger enforcement by the U.S. antitrust agencies, opportunities abound for private equity firms to acquire divested businesses for value. These acquisitions of divested businesses are increasingly subject...more

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Cybersecurity

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