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What To Do In The Event of an Immigration Raid or I-9 Audit (Or Any Other Time Law Enforcement Agents Show Up To Your Business)

As the new Trump administration takes shape, a cornerstone of its stated immigration policy is the promise of “mass deportations,” as well as suspended entry of migrants (including those seeking asylum), as well as...more

Corporate Immigration Compliance: Preparing for Enhanced Enforcement Under Trump 2.0

As the United States prepares for another Trump administration, companies must ready themselves for potentially aggressive immigration enforcement policies similar to or exceeding those seen during the previous Trump...more

Supreme Court’s Remand of FDIC Enforcement Action: Any Larger Impact on Agency Deference?

While we wait for the U.S. Supreme Court to decide the fate of the Chevron doctrine governing courts’ deference to agencies’ interpretations of law, its recent decision in another case has flown under the radar. In Calcutt,...more

Recent Court Decision Highlights the Risk of Corporate Privilege Waiver when Cooperating with Government Investigation

On May 4, 2022, New Jersey federal district judge Kevin McNulty unsealed a decision ordering Cognizant Technology Solutions Corp. to produce two of its former executives unredacted versions of memoranda and notes from its...more

UNLEASHING THE LEVIATHAN: Tips for Companies Referring Cases to Law Enforcement

When harmed or in heated disputes, companies sometimes think about bringing the “big guns”—law enforcement agencies—into the fight. Often acting through counsel, a business may seek to refer a matter to the government for...more

When Can Companies Recoup Advancement of Executives’ Criminal Defense Costs? A Recent Decision Highlights Some Limits

When corporate executives are charged with crimes, their companies often foot the bill for their defenses. Sometimes those bills can be hefty. And while companies sometimes seek to recoup the expenses when the executives are...more

Treasury’s New Bank Secrecy Act Whistleblower Program

In perhaps the last major legislative action under this presidential administration, on New Year’s Day 2021, Congress passed—over President Trump’s veto—what could be the most significant anti-money laundering (AML) statute...more

Congress Makes Sweeping Changes to Money Laundering Enforcement

On New Year’s Day 2021, Congress passed—over President Trump’s veto—a defense appropriations law containing the Anti-Money Laundering Act of 2020 (“AML Act”) and the Corporate Transparency Act, as part of a sweeping new set...more

Buchalter COVID-19 Client Alert: Entrapment-by-Estoppel: A Potential Future Defense for Lenders in PPP Fraud Cases

The past decade has taught lenders much about regulatory enforcement risk. In the fallout of the 2008 financial crisis and collapse of the housing and related markets, the Department of Justice and other agencies...more

First Circuit Decision Underlines Risk of Criminal HIPAA Enforcement

On August 6, 2020, the U.S. Court of Appeals for the First Circuit affirmed the conviction of Massachusetts gynecologist Rita Luthra for criminal HIPAA violations and obstructing a health care investigation. Although such...more

From Frying Pan to Fire: Strategic Issues When Reimbursement Disputes Turn Into Criminal Investigations

Early on the morning of June 13, 2017, over one hundred federal agents raided facilities across southern California belonging to behavioral health provider Sovereign Heath. The agents provided search warrants indicating that...more

DOJ Criminal Health Care Enforcement: It’s Not Just for Federal Programs Anymore

On July 10, 2020, in United States v. Ruan, the Eleventh Circuit affirmed the convictions of two Alabama doctors for running an opiate “pill mill.” Among many other things, the government charged that the doctors used...more

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