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Dual Sovereignty for $1200, Alex

I was thinking about double jeopardy yesterday. Not the Trebek kind, though that is my favorite tv show. Instead, I was thinking about the somewhat enigmatic statement in the Fifth Amendment to the U.S. Constitution that no...more

4/19/2018  /  Double Jeopardy , Fifth Amendment

Frightening Facts about Fraud and the Forever War

Did you know that, as of 2008, there’s a good chance the federal government can prosecute you for fraud against the U.S. whenever it wants to, regardless of the statute of limitations? Does that seem alarming to you? Same...more

Disclosures Redux – Outside Auditors and Attorney Work-Product

Following our recent post on disclosures to the EPA, this week we’re going to look at disclosures to outside auditors, often in the context of internal investigations, and steps to take to limit any waiver of attorney...more

This Day in White Collar History: Remembering Henry Friendly

Henry Friendly still has my vote for the title of greatest American judge who ever served at any level. It’s the country’s misfortune that he never served on the U.S. Supreme Court. He did, however, spend nearly thirty years...more

“I’ve Made a Huge Mistake,” or: Don’t Ignore Grand Jury Subpoenas and Other (Less Obvious) Tips

“Don’t.” I imagine that word—or else a prolonged stunned silence—was the response of many attorneys and non-attorneys alike when former Trump campaign aide Sam Nunberg announced in a series of bizarre interviews today that...more

3/6/2018  /  Grand Juries , Subpoenas

Weekly Roundup of Local and Under-the-Radar White Collar News - February 2018 #4

..This month’s issue of the Federal Lawyer focuses on white collar crime, and includes this helpful article on subpoenas...more

Breaking Down the #Memo

By now you’ve likely heard of, and perhaps read, the much-vaunted memorandum written by the Republican majority staffers on the House Permanent Select Committee on Intelligence (HPSCI) and released to the public this past...more

*Absolutely Startling*: Settlements With the Government

You’re relieved. After a long investigation concerning some troubling conduct throughout the Pacific Northwest that may have led to the United States being defrauded by one of its contractors, you’ve brought this stressful...more

This Day in White Collar History: The Supreme Court Decides Upjohn

On January 13, 1981, the Supreme Court decided Upjohn Co. v. United States. Thirty-seven years later, it’s hard to think of a judicial decision that has had a more significant effect on internal investigations. The Court’s...more

A Quick Look at Parallel Proceedings

Hypothetical Bad News. You or your company has been served with a civil investigative demand requiring you to produce documents and answer questions from the government. The Department of Justice (DOJ) is investigating you...more

Ninth Circuit Establishes Rule for Mixed Statements under Reform Act’s Safe Harbor, in In re Quality Systems, Inc. Securities...

On July 28, the Ninth Circuit reversed the dismissal of a securities class action, and remanded to the Central District of California. In re Quality Sys., Inc. Sec. Litig., 865 F.3d 1130 (9th Cir. 2017). Quality Systems,...more

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