News & Analysis as of

Appeals Government Investigations

Holland & Knight LLP

Opposing Endless Extensions of the 60-Day Seal Period in False Claims Act Cases

Holland & Knight LLP on

Is there a limit on the number of times the federal government can request extensions of the 60-day period under seal to decide whether to intervene in a qui tam relator's False Claims Act (FCA) case? The appellants in U.S....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Licenses and the Law Series

...Arkansas is one of the highest licensing states, meaning it licenses more occupations than most other states. Accordingly, Arkansas has numerous licensing boards. From the obvious, i.e., the Arkansas State Medical Board,...more

Genova Burns LLC

Police Discipline Record Release: Upheld but Temporarily Stayed

Genova Burns LLC on

The Superior Court of New Jersey, Appellate Division recently issued a unanimous decision upholding Directive 2020-5 and Directive 2020-6 amending the New Jersey Attorney General’s Internal Affairs Policy & Procedures...more

White & Case LLP

No third party production: FRC loses its demand for Sports Direct's privileged documents

White & Case LLP on

Court battles with regulators over privilege and the disclosure of documents are becoming increasingly common. However, it is not often that you see a regulator seeking to obtain the privileged documents of a third party who...more

Sheppard Mullin Richter & Hampton LLP

The Granston Memo in 2019: Recent Cases Highlight the Granston Memo’s Effectiveness as a Tool to Dismiss False Claims Act Cases

The “Granston Memo” has proven to be a boon again in 2019 for False Claims Act (“FCA”) defendants. In a January 15, 2019 Sheppard Mullin FCA Defense Blog article, we highlighted a growing movement by the Department of Justice...more

Health Care Compliance Association (HCCA)

[Event] Clinical Practice Compliance Conference - October 27th-29th, Nashville, TN

Our annual Clinical Practice Compliance Conference provides information about the latest government initiatives related to physicians and clinics. Unite with your colleagues to discuss strategies for facing compliance issues...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

Carlton Fields

Beware Of The Warranty – Second Circuit Relies On Terms Of Warranty, Not Policy, To Make Coverage Determination

Carlton Fields on

Can the terms of a warranty impact the scope of coverage provided by an insurance policy even if the policy does not explicitly incorporate the terms of the warranty? The answer to this question appears to be yes, at least...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - January 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more

Bass, Berry & Sims PLC

Adding Insult to Injury: When an FCA Complaint Begets Follow-On Corporate Litigation

Bass, Berry & Sims PLC on

The Delaware Supreme Court recently affirmed a decision by the Delaware Court of Chancery addressing a plaintiff’s ability to acquire key documents from a defendant company based on allegations against that company in an...more

The Volkov Law Group

OFAC Enforcement: The Epsilon Case and Third Party Risks

The Volkov Law Group on

The Department of Treasury’s Office of Foreign Asset Control (“OFAC”) recently announced the settlement of the Epsilon enforcement action. This case requires a theme song and there is none better than Trucking from Grateful...more

Bennett Jones LLP

Bumpy Landing Ends Competition Commissioner’s Privilege Claim

Bennett Jones LLP on

A unique and expansive privilege asserted for many years by the Commissioner of Competition has come back down to Earth with a bumpy landing....more

Fenwick & West LLP

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

Fenwick & West LLP on

In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Dorsey & Whitney LLP

It ain’t Over ’til it’s Over (and Even Then, it Might not Be Over): How long can the EEOC Continue Investigating – after Issuing a...

Dorsey & Whitney LLP on

EEOC charges are a fact of life for employers. Even with comprehensive equal employment policies, top-notch human resources personnel, and a great workplace culture, many employers will at some point encounter a charge of...more

Jones Day

New York Appellate Court Curtails NY AG Investigatory Subpoena on Constitutional Grounds

Jones Day on

On June 21, 2017, a New York appellate court curtailed on constitutional grounds an investigative subpoena issued by the New York Attorney General. In the Matter of Evergreen Assoc., Inc., 54 N.Y.S.2d. 135 (App. Div. 2017)....more

WilmerHale

Case Note: Allen and Conti

WilmerHale on

This case, from the U.S. Federal Appeals Court, considers the applicability of the Fifth Amendment’s privilege against self-incrimination in relation to testimony compelled by a foreign government, on the present facts the...more

Dechert LLP

Second Circuit Limits District Courts’ Authority Over Deferred Prosecution Agreements and Limits the Public’s Access to Monitors’...

Dechert LLP on

Although deferred prosecution agreements (DPAs) are a commonly-used tool for government prosecutors, courts continue to struggle to determine how much judicial supervision of these agreements is permitted. On July 12, 2017,...more

Fisher Phillips

Supreme Court Limits EEOC Subpoena Power

Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

McAfee & Taft

Employer successfully fights EEOC subpoena

McAfee & Taft on

Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request...more

Robinson+Cole RLUIPA Defense

RLUIPA Implications of Trump’s Immigration Executive Order

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more

Poyner Spruill LLP

DOL Gets Reined In - Fifth Circuit Court of Appeals says the agency pushed too far in worker misclassification case

Poyner Spruill LLP on

As most employers know, the United States Department of Labor (DOL), along with many other federal and state agencies such as the Equal Employment Opportunity Commission, has focused on pursuing employers for misclassifying...more

Blake, Cassels & Graydon LLP

Solicitor-Client Privilege: The Quebec Securities Regulator Can Summon In-House Counsel to Testify in an Investigation

On July 16, 2015, the Supreme Court of Canada (SCC) denied leave to appeal to an in-house counsel (referred to as Ms. X to protect her identity) in the case of X v. Autorité des marchés financiers. The SCC thus maintained the...more

Seyfarth Shaw LLP

Fifth Circuit Fires at the Department of Labor with Colorful, Precedential Prose

Seyfarth Shaw LLP on

The Fifth Circuit Court of Appeals recently slammed the United States Department of Labor with a finding of abusive conduct and ordered an award of significant monetary sanctions for bad faith, harassment, and abusive...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide