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Document Productions Government Investigations

Association of Certified E-Discovery...

Does FRE 502(d) Allow a Party to Shift the Privilege Burden?

[Editor’s Note: This article has been republished with permission. It was originally published December 20, 2023 on the eDiscovery Assistant Blog] In Episode 127, on the ACEDS and eDiscovery Assistant #CaseoftheWeek, Kelly...more

TransPerfect Legal

Creating a Defined Investigatory Process in Government Investigations

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What sticks out from my time at the Department of Justice is this: should your organization receive a government subpoena, the government more likely than not already has the evidence they need to prove the violation. The...more

Womble Bond Dickinson

Addressing Government Subpoenas

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Subpoenas from the government can often be viewed as unwelcome intrusions into the business of a passive custodian and its accountholders. With a few fundamentals in place, though, custodians can use subpoenas as an...more

Jones Day

Companies Should Not Overlook Potential D&O Coverage When Responding to Government Subpoenas

Jones Day on

The Situation: Corporate policyholders, and their individual officers and directors, often incur significant fees and costs when forced to respond to government subpoenas that may require extensive document productions and...more

Oberheiden P.C.

I Received A Target Letter, Now What?

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What Is A Target Letter? Federal investigations are complex, time-consuming, and often a cause of great anxiety for the individuals involved. The government has a variety of tools in its arsenal to gather preliminary...more

Burr & Forman

SEC Enforcement Staff Regains Subpoena Power

Burr & Forman on

On February 9, Acting SEC Chair Lee announced she was restoring the delegated authority of Enforcement Division senior officials to issue subpoenas to compel document production and sworn testimony without the need of a...more

White & Case LLP

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

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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

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands

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On the latest episode of Williams Mullen's Benefits Companion, Brydon DeWitt is joined by colleague Chuck James, partner and co-chair of Williams Mullen’s White Collar Litigation Practice, who will discuss what you need to...more

Proskauer Rose LLP

D.C. Circuit Expands U.S. Prosecutors' Reach Over Foreign Bank Documents

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In a recent decision, the U.S. Court of Appeals for the D.C. Circuit unanimously affirmed a district court order compelling three Chinese banks (not currently identified) to produce financial records in response to subpoenas...more

Baker Donelson

Recent Court Decision Shows Best Way to Handle Civil Investigative Demands

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The United States Department of Justice (DOJ) is authorized by the False Claims Act (FCA) to issue Civil Investigative Demands, commonly known as CIDs. 31 U.S.C. § 3733. The DOJ has made increasing use of CIDs to obtain...more

WilmerHale

Case Note: KBR Inc. v SFO

WilmerHale on

On 6 September 2018 the UK High Court handed down its judgment in the application for judicial review brought by KBR Inc. (“KBR”) against the Director of the Serious Fraud Office (“SFO”). ...more

McAfee & Taft

Employer successfully fights EEOC subpoena

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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

Dorsey & Whitney LLP

Cooperation, the SEC and FOIA

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A critical part of cooperating with an SEC or DOJ investigation for FCPA or other possible violations is the production of documents. In order for the company to assess what happened it must conduct an internal investigation...more

Dechert LLP

UK FCA Focuses Increased Scrutiny on Asset Managers

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Regulators across the globe are intensifying their focus on enforcing the regulation of the asset management industry. Over the last twelve months, the global Financial Stability Board, the International Monetary Fund, the US...more

McAfee & Taft

AGENCY ACTION: EEOC: Trolling for plaintiffs

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It’s no secret to employers that the Equal Employment Opportunity Commission has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s...more

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