News & Analysis as of

Criminal Investigations

DOJ Announces New Policy about “Piling On” and Discusses the Role of Compliance in Corporate Enforcement - Government Enforcement...

In a pair of recent speeches, Deputy Attorney General Rod Rosenstein announced a new Department of Justice (DOJ) policy aimed at encouraging coordination among DOJ and other enforcement agencies and avoiding “unfair...more

Michael Cohen, 3rd Party Consultants and Hunter S. Thompson: Part III – Where is Uncle Duke?

by Thomas Fox on

We continue our Hunter S. Thompson themed week in honor of Michael Cohen and his Essential Consulting LLC entity. Today we honor Thompson’s alter ego Uncle Duke. For those who might not know just who Uncle Duke might be, you...more

The CLOUD Act: Where It Sheds Light and Where Shadows Remain

by Holland & Hart LLP on

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) amends the Stored Communications Act (SCA) and moots the Supreme Court's consideration of a dispute between the U.S. government and Microsoft over whether Microsoft...more

Michael Cohen, 3rd Party Consultants and Hunter S. Thompson: Part II, Full Gonzo

by Thomas Fox on

We continue our Hunter S. Thompson themed week in honor of Michael Cohen and his Essential Consulting LLC entity and his work which he sardonically named “Project Sunlight”. There may not be a finer example of full Gonzo...more

Michael Cohen, 3rd Party Consultants and Hunter S. Thompson: Part I

by Thomas Fox on

I hope you were able to check out the first ever Compliance Into The Weeds emergency podcast, where Matt Kelly and myself took a look at some of the initial information which came out about the payments to the president’s...more

Deputy Attorney General Announces New Coordination Policy for DOJ Attorneys in Obtaining Corporate Resolutions

Today while addressing white collar practitioners at the New York City Bar Association, Deputy Assistant Attorney General Rod Rosenstein announced a new DOJ policy to avoid the “piling on” of multiple penalties for the same...more

Deputy AG Rosenstein Announces New DOJ Policies to Reduce 'Piling On' and Refocus Corporate Enforcement

by Ballard Spahr LLP on

In a highly anticipated speech to the New York City Bar White Collar Crime Institute this morning, Deputy Attorney General Rod Rosenstein announced two new Department of Justice (DOJ) policies...more

Offer Wi-Fi or Internet Service to Customers? These Are Your New Legal Obligations

by Perkins Coie on

It would be unusual these days to find a hotel, coffee shop, cruise line or airline that doesn’t offer some form of internet access to its customers. It’s unlikely, however, that those businesses have had occasion to give...more

2018 Priorities of the IRS Criminal Investigation Division (IRS-CI):Part II, Two New Initiatives for Identification and...

by Moskowitz LLP on

Despite the reduction in its budget, the IRS Criminal Investigation Division (IRS-CI) has begun to implement two new initiatives that hope to improve the department’s already impressive success rate....more

Does your student disciplinary policy address participation by legal counsel?

by Barley Snyder on

Students in public colleges and universities occasionally challenge student disciplinary actions based on an alleged denial of due process when schools place limits on the involvement of legal counsel....more

Congress Reshapes Legal Requirements for International Access to Communications Information with the CLOUD Act

On April 17, 2018, at the request of both sides of United States v. Microsoft Corp., the U.S. Supreme Court remanded and dismissed one of the most closely watched privacy cases of the last several years just a few weeks after...more

2018 Priorities of the IRS Criminal Investigation Division (IRS-CI): Part I, Types of Cases

by Moskowitz LLP on

Following his appointment as new Chief of the IRS Criminal Investigation Division (IRS-CI), John D. Fort announced the 2018 priority areas for IRS-CI enforcement. These goals include pursuit of specific areas of suspected...more

Supreme Court Rules Microsoft Case Moot as CLOUD Act Becomes Law

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) was recently signed into law as part of the omnibus appropriations bill. ...more

France Takes Next Step in Anticorruption Enforcement: First "French DPAs" and What Companies Should Know

by Jones Day on

The Situation: Anticorruption legislation passed by French lawmakers in 2016 authorizes the resolution of a corruption matter by means of a "convention judiciaire d'intérêt public" ("CJIP"), the French version of a deferred...more

IRS Announces Significant Changes to Offshore Account Disclosure Programs

by White and Williams LLP on

The Internal Revenue Service (IRS) recently announced significant changes to its Offshore Voluntary Disclosure Program (OVDP), which it first offered in 2009. The IRS revised OVDP over the years, including introducing the...more

So You Received A Knock On The Door…

by Pessin Katz Law, P.A. on

Knock, knock! Who’s there? It’s the FBI. Or a State Trooper. Or an investigator from the Insurance Commissioner’s office. After the knock, the door opens and the business professional is handed a subpoena to appear and give...more

CLOUD Act dramatically changes international privacy laws (and eDiscovery)!

by Foley & Lardner LLP on

Without any public hearings, review, or public comment Congress created the CLOUD Act which was signed into law as part of the $1.3 trillion government spending bill which changed the 1986 Stored Communications Act (SCA). The...more

Data Privacy + Cybersecurity Insider - April 2018 #4

by Robinson & Cole LLP on

“Orangeworm” Targeting Health Care Industry - In what is being called a systematic targeting of large health care organizations, pharmaceutical companies, and IT companies and equipment manufacturers that service the...more

DOJ Implements Policies On Environmental Enforcement

by Holland & Knight LLP on

• A recent memorandum from the U.S. Department of Justice's (DOJ) Environment and Natural Resources Division (ENRD) provides guidance on civil and criminal enforcement of environmental laws. DOJ will continue to pursue...more

Draft EU CLOUD Proposal—Enabling Law Enforcement Access to Overseas Data

by Jones Day on

The Situation: To strengthen cross-border cooperation in investigations, the European Commission has proposed legislation allowing EU Member State authorities to access, directly from services providers, electronic evidence...more

Back to the Basics: Cost Effective Strategies for the Reduction of Law Enforcement Liability

by Rumberger Kirk & Caldwell on

Law enforcement risk management programs and related training goals typically concentrate on the traditional high liability areas: firearms and weapons, use of force, driving, arrest techniques, first responder and first aid,...more

The Supreme Court Dismisses As Moot Microsoft Case That Had Challenged The Government's Ability To Obtain Search Warrant For...

by Shearman & Sterling LLP on

On April 17, 2018, the Supreme Court dismissed United States v. Microsoft, No. 17-12, 548 U.S. ___ (2018) (per curiam), deciding that recently enacted federal legislation had mooted the legal dispute in the case. The appeal...more

Supreme Court Orders Dismissal of Microsoft Case

As had been expected following the passage of the CLOUD Act by Congress last month, the U.S. Supreme Court remanded and ordered the dismissal of the pending United States v. Microsoft Corporation, Inc. case in a per curiam...more

The CLOUD Act: Potential thunderstorms on the data privacy frontier

by Dentons on

On March 23, 2018, the Clarifying Lawful Overseas Use of Data Act ("CLOUD Act") was quietly enacted as part of the 2,232-page omnibus budget legislation. The law amended the Stored Communications Act ("SCA"), which...more

CLOUD Act Negates Need for Supreme Court Decision

by Harris Beach PLLC on

In a February 27 MuniBlog posting we described a case pending before the United States Supreme Court on whether the provider of email services, Microsoft, must provide electronic communications stored outside the United...more

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Cybersecurity

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