Compliance Perspectives: Compliance Challenges in India
FCPA Compliance Report-Episode 350, Linda Justice and Her Nancy Drew Approach
Day 16 of One Month to More Effective Continuous Improvement-Voluntary Monitoring
Day 5 of One Month to Better Investigations and Reporting-the Board’s Investigation Protocol
Fraud is a pervasive issue that affects businesses, organizations, and individuals across various industries. Often, an organization is surprised to find itself a victim of fraud, especially when the perpetrator is a trusted...more
In this webinar, we will share some best practices on how to efficiently perform three most common types of internal investigations, namely: workplace, compliance, and fraud investigations. Here’s a quick glance at what we...more
Corporate investigations can serve a variety of different purposes. From uncovering accounting fraud to responding to cybersecurity breaches and preparing for litigation, there are various circumstances in which corporate...more
Today’s modern world enables complex business transactions to occur both within the United States as well as abroad in cross-border activities. Many of these transactions pose significant risks to business operations and the...more
A ruling issued by the North Carolina Business Court last month could have a significant impact on the ability of North Carolina companies and counsel to assert the attorney-client privilege over communications exchanged in...more
As eDiscovery professionals, we all understand the use of digital technology, from laptops to smartphones to apps. As the use of all manner of devices continues to increase exponentially, their important role in litigation...more
While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the federal courts in Washington, D.C. threatens to whittle down the scope of...more
Too often, internal investigators mistakenly conclude that their reports are for the exclusive review of decision-makers. Sometimes, this may be true. However, more often than not, there are two audiences of which an...more
The importance of a prompt and thorough internal investigation is more evident than ever, and an effective investigation plan can protect the company’s interests when reviewing internal complaints. Consider the following when...more
The Situation: On August 22, 2019, the German Ministry of Justice and Consumer Protection presented the draft Corporate Sanctions Act ("CSA"), a bill that would establish corporate criminal liability in Germany. The...more
Das Bundesjustizministerium hat am 22. August 2019 seinen Entwurf für das Gesetz zur Bekämpfung der Unternehmenskriminalität vorgestellt. Der 147 Seiten und 69 Paragrafen umfassende, bisher nicht veröffentlichte Entwurf...more
In a recent decision that could have critical implications for corporate internal investigations conducted pursuant to a government agency’s request, the Southern District of New York expressed concern with the government’s...more
One of the most insipid hit records of the 1960s was Roger Miller’s “England Swings (Like a Pendulum Do).” In an earlier edition of this august Journal, I detailed how differently our English “cousins” swing on the issue of...more
Many companies have an investigation protocol in place when a potential Foreign Corruption Practices Act (FCPA) or other legal issue arises? However, many Boards of Directors do not have the same rigor when it comes to an...more
Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor...more
Last week's Privilege Point described two cases rejecting defendant's protection claims for internal investigations. In each case, the court held that the defendant undertook its investigation in the ordinary course of its...more
Companies' internal investigations can deserve (1) privilege protection, if primarily motivated by the need for legal advice; and (2) work product protection, if primarily motivated by anticipated litigation. In both...more
The U.S. Department of Justice (DOJ) recently issued a memorandum ("The Yates memo") on September 9, 2015 by Deputy Attorney General Sally Yates, reaffirming the Government's commitment to prosecuting individuals. Say...more
Responding to criticism stemming from a lack of individual prosecutions as a result of the financial crisis, Deputy Attorney General Sally Yates has issued a new guidance memorandum establishing six new steps for federal...more