News & Analysis as of

Government Investigations

Weekly Roundup of Local and Under-the-Radar White Collar News - February 2018 #2

..Two former Greek prime ministers and eight other former ministers implicated in corruption investigation involving Novartis ..Russian hackers known as “Fancy Bear” apparently tricked government contract workers into...more

Government data mining leads to more aggressive investigations

by Hogan Lovells on

The government is leveraging its access to big data in order to aggressively pursue healthcare investigations. Maria Durant and Gejaa Gobena, partners in our Boston and Washington, D.C. offices, discuss the steps life...more

Mnuchin to discuss Equifax data breach with FSOC

by Ballard Spahr LLP on

Appearing before the House Financial Services Committee Tuesday at a hearing entitled “The Annual Report of the Financial Stability Oversight Council” (FSOC), Treasury Secretary Mnuchin indicated that he intends to discuss...more

CFPB reportedly puts investigation of Equifax on ice while other government agencies press forward

by Ballard Spahr LLP on

Equifax announced on September 7, 2017 a massive data breach affecting an estimated 143 million consumers. Richard Cordray, the then Director of the CFPB, shortly thereafter authorized an investigation according to several...more

Weekly Round Up – February 4, 2018

by Fisher Phillips on

Mercifully, this has not been a week of big OSHA developments, so we focus on practical observations on safety compliance and on managing OSHA inspections. Because safety professionals in particular, and managers in general,...more

New DOJ Guidance Portends New Defenses in False Claims Act Cases

Last week, the Department of Justice (DOJ) issued two separate memoranda with potentially far-reaching consequences. While the practical effect of these documents remains to be seen, they may provide another avenue of...more

Bumpy Landing Ends Competition Commissioner’s Privilege Claim

by Bennett Jones LLP on

A unique and expansive privilege asserted for many years by the Commissioner of Competition has come back down to Earth with a bumpy landing....more

The KPMG Debacle – Five Former KPMG Employees and Former PCAOB Employees Indicted for Fraud and Conspiracy

by Michael Volkov on

KPMG has been taking it on the chin lately – and apparently for good reason. KPMG is enmeshed in an unfolding corruption scandal in South Africa. Add to that the indictment last week of five individuals (four KPMG employees...more

This Day in White Collar History: The Supreme Court Decides Upjohn

On January 13, 1981, the Supreme Court decided Upjohn Co. v. United States. Thirty-seven years later, it’s hard to think of a judicial decision that has had a more significant effect on internal investigations. The Court’s...more

A Quick Look at Parallel Proceedings

Hypothetical Bad News. You or your company has been served with a civil investigative demand requiring you to produce documents and answer questions from the government. The Department of Justice (DOJ) is investigating you...more

U.S. Department of Education Publishes List of Schools Under Civil Rights Investigation

by Hogan Lovells on

Last week, the U.S. Department of Education (“ED”) published on its website a list of “pending cases currently under investigation” by its Office for Civil Rights (“OCR”). Previously, OCR had released a list of higher...more

Rising Tensions As Trump Administration Prepares To Announce Results Of Section 301 Trade Investigation Into China’s Alleged...

As we previously reported, on August 14, 2017, President Trump signed an executive memo asking U.S. Trade Representative Robert Lighthizer to determine whether to launch an investigation into China’s alleged theft of...more

Canada steps up human rights oversight of companies operating abroad

by Hogan Lovells on

Last week, Canada announced the creation of the Canadian Ombudsperson for Responsible Enterprise (CORE), an independent officer who will be tasked with investigating allegations of human rights abuses linked to Canadian...more

DOJ: Seek Data from the Business Enterprise, Not Its Cloud Provider

Where does the U.S. Department of Justice (DOJ) turn when it needs business enterprise data stored on the cloud for a criminal investigation? According to a recent DOJ memo, the default rule is now turn to the business...more

Understanding eDiscovery in Criminal Cases, Part Three: eDiscovery Best Practices

by CloudNine on

...The government will usually get its ESI by consent or warrant. Typically, when the federal government seeks data in criminal cases (and most states have a similar procedure), it requests a search and seizure warrant by...more

Data Privacy + Cybersecurity Insider - January 2018 #3

by Robinson & Cole LLP on

Think Tank Says Nuclear Missiles Can be Inadvertently Launched Through Cyber-Attacks - Just before the false alarm in Hawaii last weekend when residents were erroneously warned of an impending missile attack, think tank...more

Update on IRS Offshore Initiatives: Investigations and agreements with financial institutions worldwide

by Moskowitz LLP on

In our last post, we noted that the U.S. government goes to great lengths to identify and prosecute noncompliant taxpayers, as well as promoters and financial institutions who assist U.S. taxpayers avoid their tax obligations...more

Commerce Submits Steel Section 232 Report to the President

by Husch Blackwell LLP on

On Thursday, January 11, the U.S. Department of Commerce formally submitted to the President the results of its investigation into the effect of steel mill product imports on U.S. National Security. The President now has 90...more

Responding to Investigative Findings

by Thomas Fox on

Most companies understand a the need for an investigative protocol or bringing in experienced investigative counsel should a substantive Foreign Corrupt Practices Act (FCPA) allegation arise. However what is not as well known...more

Governance and more on market manipulation

by DLA Piper on

The Financial Markets Authority (FMA) has been busy heading into the end of the year. Amongst other things, the FMA has...more

DOJ Continues Run on Individual FCPA Criminal Prosecutions

by Michael Volkov on

The Department of Justice announced criminal FCPA charges against two individuals in connection with bribery payments to foreign officials in Chad and Uganda. The Justice Department’s announcement occurred on the heels of...more

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

by Fenwick & West LLP on

In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Does Your D&O Policy Cover Government Investigations?

by Reed Smith on

Policyholders need to be aware of a recent Tenth Circuit decision, MusclePharm Corp. v. Liberty Insurance Underwriters, Inc. No. 16-1462, 2017 WL 4675701 (October 17, 2017), which calls into question whether and when a D&O...more

Protection for Investigation Materials Remains in the Eye of the Beholder

by Moore & Van Allen PLLC on

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

Is Cooperation an All or Nothing Proposition? DOJ Official Says Yes

by Steptoe & Johnson PLLC on

On October 18, 2017, Kathleen McGovern, Senior Deputy Chief for the U.S. Department of Justice [“Department”] Criminal Division’s Fraud Section, spoke at the Association of Corporate Counsel annual meeting in Washington, DC....more

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Cybersecurity

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