News & Analysis as of

5 Challenges in International Fraud Investigations. Alexis Bell, Fraud Doctor, Explains

Alexis Bell, CEO of Fraud Doctor LLC, discusses challenges in fraud investigation overseas. At least 5 different ways your fraud investigation can be impacted when it is conducted internationally...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

Lessons Learned from the FCPA Pilot Program's First Six Months

The guidance issued by the DOJ in connection with the Pilot Program and recent declinations state that disclosure, remediation and cooperation are essential to any favorable resolution with the government. Six months...more

Business Litigation Alert: "SEC Launches Investigation Into Exxon's Accounting and Climate Change Practices"

In the face of dropping oil prices, the SEC has launched an investigation into how Exxon Mobil Corp. has valued its assets. While the value of competitors' assets have dropped dramatically since oil prices have plunged,...more

SEC Cracks Down on Charitable Contributions under the FCPA - Best Practices In Light of Recent SEC Enforcement

For the first time, the Securities and Exchange Commission has brought an FCPA enforcement action premised entirely on a one-time charitable contribution. On September 20, 2016, the SEC announced a settled FCPA...more

Lessons Learned from Nu Skin

The enforcement action against manufacturer Nu Skin Enterprises highlights the risks of making charitable donations in high-risk countries without conducting meaningful anticorruption due diligence....more

No Longer a Mirage: FCPA Compliance and Cooperation Has Its Benefits

On September 12, 2016, the SEC announced that it had reached a settlement with Jun Ping Zhang (“Ping”), a former executive of a Chinese subsidiary of Harris Corporation (“Harris”), regarding alleged violations of the Foreign...more

[Event] "Americas Labor & Employment Law Conference: Managing a workforce across the Americas and beyond" - Dec. 8th-9th, Miami,...

Attorneys from FordHarrison and Ius Laboris, the global Alliance of leading labor and employment law firms, will join in-house counsel to discuss the many challenges faced by multinational companies. The conference is aimed...more

Bill Baer at SCCE: What is Extensive Cooperation

The second day of the SCCE Compliance and Ethics Institute (CEI) Conference began with Principal Deputy Associate Attorney General Bill Baer providing remarks. After opening with how aggressively the Department of Justice...more

Three Key Takeaways from the Nu Skin FCPA Settlement for a Corrupt Charitable Donation

In a rare enforcement action, the SEC settled an FCPA enforcement action for $766,000 for a charitable donation of $154,000 to improperly influence a high-ranking Chiese Communist party official to prevent a provincial agency...more

Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting...more

FCPA Enforcement Actions and Reputational Damage

If you ask members of a corporate board or senior executives about the cost of an FCPA enforcement action, they will candidly acknowledge all of the costs – fines, penalties, and professional costs (e.g. legal, accounting,...more

Shoddy Harassment Investigation Comes Back To Bite Employer

Employers, has this ever happened to you? An employee has accused her boss of sexual harassment. Right now, it’s her word against his, but you might be able to find out the truth if you interview her co-workers. The...more

OSHA Launches “Expedited Case Processing Pilot” For Whistleblower Claims

On August 1, 2016, the U.S. Department of Labor (DOL) launched a new pilot program, titled “Expedited Case Processing Pilot,” in its Western region. The program enables a complainant filing claims under whistleblower...more

The First Appellate District Confirms that the Attorney-Client Privilege and the Attorney Work Product Doctrine Apply to...

In City of Petaluma, the former employee filed a charge with the U.S. Equal Employment Opportunity Commission (“EEOC”) alleging sexual harassment and retaliation during her employment with the City of Petaluma (“City”). The...more

California Court of Appeal Finds Fact Investigation by Outside Counsel is Privileged

In City of Petaluma v. Superior Court (Andrea Waters), the California Court of Appeal recently held that outside counsel's fact investigation of an employee's harassment and discrimination claims conducted prior to litigation...more

OCR levies first fine ever directly against business associate

Our predictions that the Office for Civil Rights (OCR) will become more aggressive with audits, investigations, and fines against HIPAA business associates has come true. On June 24, 2016, the OCR announced that it has...more

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

How an Injury Attorney in Chicago Proves Negligence

When someone sustains an injury or loses a loved one because of the negligent actions of another, an injury attorney in Chicago can help establish legal liability. The Insurance Institute for Highway Safety reports that...more

FDA issues guidance on the use of EHRs in clinical investigations

The U.S. Food and Drug Administration (FDA) just issued draft guidance on the Use of Electronic Health Record Data in Clinical Investigations for comment within the next 60 days. The guidance is intended to assist all...more

Let’s Go Crazy: The FTC and FCC Launch “Parallel” Investigations Into Security Updates of Mobile Communications Industry

Earlier this week, the FTC and FCC announced “parallel” investigations into how carriers and mobile device makers release information on vulnerabilities, and how and when mobile security patches are distributed. The...more

EPA Poised To Make Sweeping Changes to the Risk Management Program Rule

Chemical manufacturers and petroleum refiners are closely tracking the latest activities of a high-level agency working group formed pursuant to President Obama’s Executive Order (13,650) responding to the West, Texas,...more

What to Do When the Regulator Comes Calling

Before an Investigation/Inquiry - Prepare: Before any investigation arises, have a Crisis Management Plan in place. The plan should include a Response Plan and an Evidence Retention Plan as described below. At the...more

No Knocking Necessary: Court Rules EEOC Can Enter Employer’s Premises Without Warrant Or Consent

Seyfarth Synopsis: Court ordered enforcement of the EEOC’s subpoena and authorized the Commission to conduct an on-site investigation without the employer’s consent. The EEOC has conducted on-site inspections of...more

Update: California Supreme Court Oral Arguments

Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more

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