News & Analysis as of

Government Investigations

DOJ Announces Policy to Promote Fairness Where Multiple Authorities Investigate the Same Misconduct

by Foley & Lardner LLP on

On May 9, 2018, the U.S. Department of Justice (DOJ) announced a policy related to resolutions of criminal and civil corporate enforcement. The new “Policy on Coordination of Corporate Resolution Penalties” was issued by...more

Powers of the SFO in an Internet age

by DLA Piper on

Can the UK's Serious Fraud Office (SFO) issue "section 2 notices" compelling companies to produce documents held outside the UK? That is the question currently being considered by the High Court of England and Wales with...more

How will the GDPR impact international investigations?

by Epiq on

GDPR: A Snapshot - The GDPR updates the EU’s 1995 framework data privacy law—which is outdated due to the technological advances that have occurred since the mid-1990s. The European Commission proposed the GDPR in 2012,...more

The ICE-Man Cometh: How to Avoid Becoming the Next Immigration Raid Headline

Last October, Thomas Homan, the acting director of Immigration and Customs Enforcement (ICE), announced that 2018 would see a significant increase in worksite related investigations. He pledged a four-fold increase in...more

Chabad and Toms River Settle RLUIPA Suit

Chabad Jewish Center of Toms River, Inc. (“Chabad”) has settled its religious discrimination lawsuit against the Township of Toms River, New Jersey (“Township”), putting to rest its allegations that the Township violated each...more

Justice Department Clarifies Softer Stance on False Claims Act Enforcement

by Barley Snyder on

The U.S. Department of Justice (“DOJ”) recently clarified two prior memos suggesting less enforcement of False Claims Act (“FCA”) cases. ...more

Episode 36 -- How to Respond to a Government Investigation

by Michael Volkov on

When a company learns that the government is investigating the company's activities, a company has to move quickly to respond to the government and engage prosecutors about the investigation.  Depending on how the company...more

Is the Health Care Industry Ready for I-9 Audits? What You Need to Know About Compliance

by Baker Ober Health Law on

The health care industry accounts for the largest segment of the U.S. labor market and, as such, is positioned for heightened scrutiny from federal agencies tasked with regulating and enforcing rules on employment. That...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Not an ideal report on the state of affairs for Zelle, the big banks’ payment-platform answer to Venmo. The Times reports that the “same features that make Zelle so useful for customers, its speed and ubiquity, have made it...more

New ADR Process in Defense Contractor Reprisal Cases

by Holland & Knight LLP on

• In September 2017, the Office of the Inspector General for the U.S. Department of Defense (DoD) began offering voluntary alternative dispute resolution (ADR) in complaints filed by contractors, subcontractors, grantees,...more

Japan's plea bargaining system

by Hogan Lovells on

A new plea bargaining system – offering reduced penalties to companies that report certain violations and cooperate with government investigations – will come into effect in Japan this June, reflecting an amendment to the...more

Southern District Of New York Dismisses Exchange Act Claims Alleging Failure To Properly Disclose Potential FCPA Violations

by Shearman & Sterling LLP on

On March 30, 2018, the United States District Court for the Southern District of New York dismissed with prejudice a class action complaint against Embraer S.A. (“Embraer” or the “Company”) and several of its officers,...more

The Price of Data

by Epiq on

“We have a responsibility to protect your information. If we can’t, we don’t deserve it.” This is the beginning of a letter written by Mark Zuckerberg, featured in full-page ads in the Washington Post, the New York Times,...more

Congress Enacts CLOUD Act within Omnibus Spending Bill to Address Overseas Storage of Electronic Data, Potentially Mooting Supreme...

On March 23, 2018, the President signed into law the Consolidated Appropriations Act of 2018 (H.R. 1625), an omnibus spending bill that includes the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act)....more

The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data

by Moore & Van Allen PLLC on

On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States...more

When the EEOC Comes Knocking - Federal Court Permits EEOC to Enter, Inspect, and Photograph Business Facility

by Poyner Spruill LLP on

Last week, a United States Magistrate Judge authorized a legal photographer and two EEOC lawyers to enter, inspect, and photograph Akebono Brake Corporation’s West Columbia, South Carolina facility.¹ Although Akebono...more

DOJ Official Comments on Brand and Granston Memos

by Weiner Brodsky Kider PC on

Stephen Cox, Deputy Associate Attorney General, recently spoke at the Federal Bar Association Qui Tam Conference about memos issued by Associate Attorney General Rachel Brand and Michael Granston, Director of the DOJ...more

Facebook and the English Data Firm Cambridge Analytica (CA) Face Intense Scrutiny for Possible Misuse of Facebook User Data

Facebook and the English data analytics firm Cambridge Analytica (CA) are facing intense scrutiny in response to numerous reports about the possible misuse of data of 50 million Facebook accounts. The data was originally...more

Facebook-Cambridge Analytica – Brave New World for Privacy and Data Misuse

by Holland & Hart LLP on

The dramatic revelations that Facebook users’ personal data was potentially misused by political advertising firm, Cambridge Analytica, has troubling implications for consumer privacy that will become ever-more complicated...more

French prosecutors reach first ever DPAs settling bribery charges

by White & Case LLP on

In February 2018, the first Conventions Judiciaire d'Intérêt Public ("CJIPs") – or French Deferred Prosecution Agreements ("DPAs") – were entered into for corruption charges between the Public Prosecutor's Office of Nanterre...more

Compliance and the Attorney-Client Privilege

by Michael Volkov on

Chief compliance officers have to work closely with the chief legal officer or general counsel on a number of important issues. ...more

New Tax Law Limits Tax Deductibility of Government Settlement Payments

by Weiner Brodsky Kider PC on

The new tax law changes the tax deductibility of certain settlements, fines, and penalties paid to the government. In general, the new law, known as the Tax Cuts and Jobs Act (the Tax Act), prohibits defendants from...more

Annual Report on EEOC Developments — Fiscal Year 2017

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

More Regulations Mean More Scrutiny

by Harris Beach PLLC on

The outcome of a government investigation could have serious repercussions for an organization. There are many reasons why such investigations are on the rise, whether they are prompted by a government agency or the...more

Tips for Handling a Call from the FBI

by Dentons on

For many attorneys, interaction with the FBI and other law enforcement agencies is a completely foreign concept. Many general litigators and corporate attorneys have little to no professional experience with federal...more

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Cybersecurity

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