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Protecting attorney work product in internal investigations: A cautionary tale

On May 1, 2020, the D.C. Circuit denied RPM International’s petition for a writ of mandamus to vacate a district court order compelling disclosure of interview memoranda prepared by outside counsel to the Securities and...more

SEC enforcement and litigation risks amid the COVID-19 pandemic

In recent weeks, the Co-Directors of the SEC's Enforcement Division warned of the "importance of maintaining market integrity" in these uncertain times. Specifically, they urged public companies to be mindful of Regulation FD...more

MAC/MAE clauses and the COVID-19 pandemic: a checklist of things to consider

The novel coronavirus (COVID-19) has been declared a global pandemic by the World Health Organization (WHO). The virus has spread across continents, taken an enormous human toll, and disrupted business operations throughout...more

Status Quo? Supreme Court to Decide SEC's Disgorgement Authority

This week, on March 3, 2020, the Supreme Court heard oral arguments in Liu v. SEC to determine whether the SEC has authority to seek disgorgement of ill-gotten gains in federal court. ...more

Implications from New Hampshire Lottery Commission v. Barr

In a recent decision that inures to the benefit of the online gambling industry, a federal district court in New Hampshire held that the “the text, context, and structure of the Wire Act” limit its applicability to sports...more

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