News & Analysis as of

Discovery White Collar Crimes

Troutman Pepper

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

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Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Cooley LLP

DOJ Issues Further Guidance, Warnings on Ephemeral Messaging Apps

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At the March 2023 American Bar Association National Institute on White Collar Crime, senior Department of Justice officials offered their most expansive guidance yet about the dangers of using ephemeral messaging for company...more

Eversheds Sutherland (US) LLP

Enforcement appears as messages disappear: The perils of personal and ephemeral messaging

On December 17, 2021, a financial institution agreed to pay $200 million in fines to the Securities and Exchange Commission and Commodities Futures Trading Commission for allowing employees to discuss business on their...more

Cozen O'Connor

Notice of Appeal - Fall 2020

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Precedential Opinions of Note - Evidence from Outside Limitations Period Permissible to Prove Ongoing Scheme to Defraud - United States v. James (April 3, 2020), No. 19-1250...more

Jackson Lewis P.C.

[Webinar] What You Need to Know When Government Investigators Knock - December 4th, 2:00 pm ET

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Receiving notice that the government is investigating your organization, employees or corporate and/or scientific practice can be a cause for alarm – but it doesn’t have to be. Former federal prosecutors and Jackson Lewis...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Amends Corporate Enforcement Policy on Companies’ Use of Electronic Messaging Apps

On March 8, 2019, the U.S. Department of Justice announced an important change to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy concerning one of the conditions — “appropriate retention of business...more

Troutman Pepper

When Electronic Records Disappear But Legal Issues Linger

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In December 2017, the Sunshine Project sued Missouri Governor Eric Greitens, alleging violations of the Missouri Open Records and Open Meetings Law because he and his staff used Confide, an “ephemeral” messaging app that...more

Hogan Lovells

The long reach of US discovery: Commercial Court allows enforcement of 28 USC §1782 discovery order

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In recent years, US federal procedural law has emerged as a powerful weapon in cross-border disputes. In particular, section 1782 of Title 28 of the United States Code (28 USC §1782) allows district courts in the US to order...more

Carlton Fields

English Court Holds That Discovery Given By U.S. Citizen Pursuant To A 28 U.S.C. § 1782 Order Can Be Used In London Arbitrations

Carlton Fields on

This English court case involved arguments by Dreymoor Fertilisers Overseas Pte. Ltd. (“Dreymoor”), a Singapore trading company, to prevent EuroChem Trading GmbH, a Swiss company, and JSC MCC EuroChem, Russia’s largest...more

WilmerHale

Making Privilege Whole Again: Alternative Facts or a Restatement of Principle?

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On 5 September the Court of Appeal handed down its judgment in the long-awaited, and much discussed, case of SFO v ENRC. Justice Andrews’ ruling in the lower court, which rejected ENRC’s claim to litigation privilege, had...more

Eversheds Sutherland (US) LLP

UK Court of Appeals upholds litigation privilege for internal investigation documents

In a much-anticipated appellate decision, the Court of Appeal of England and Wales has clarified English law regarding litigation privilege applicable to internal investigations, which has significant implications for US...more

Latham & Watkins LLP

Internal Investigations Protected By Privilege Once More?

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English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation - In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more

Moore & Van Allen PLLC

Protection for Investigation Materials Remains in the Eye of the Beholder

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One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

Seyfarth Shaw LLP

Got Privilege? When It Comes to Internal Investigations, Think Again …

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Seyfarth Synopsis: A recent decision out of the U.S. District Court for the District of Columbia serves as a helpful reminder on the difficulties of maintaining privilege during internal company investigations. But with a...more

Skadden, Arps, Slate, Meagher & Flom LLP

English Court Questions the Application of Litigation Privilege in Criminal Investigations

On 8 May 2017, the English High Court of Justice handed down judgment in The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd,1 which could significantly limit the application of litigation...more

Foodman CPAs & Advisors

How A Defendant Won The Lottery!

The decision to hire a Forensic Accountant can be like buying a lottery ticket. Not all Forensic Accountants are equal. Not all possess the characteristics and critical success factors of an effective Forensic Accountant,...more

Fish & Richardson

The Top Ten Things Every Commercial Litigator Must Know About the Fifth Amendment

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Invoking the Fifth Amendment privilege is not just for scenes from Law & Order or Better Call Saul. These days commercial cases, especially those involving individual defendants, are commonly filled with claims that have...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

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