News & Analysis as of

Government Investigations Subpoenas

Troutman Pepper

California AG Enforces Subpoena; Plastic Lobbying Groups Respond With Lawsuit

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California Attorney General (AG) Rob Bonta has issued two petitions to enforce an investigative subpoena against the Plastics Industry Association (PLASTICS) and the American Chemistry Council (ACC). PLASTICS lobbies on...more

ArentFox Schiff

Look Before You Leap: Nine Fundamentals of Effective Subpoena Responses for Nonprofits and Associations

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Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response....more

ArentFox Schiff

Look Before You Leap: Nine Fundamentals of Effective Subpoena Responses

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Companies commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response....more

Barnea Jaffa Lande & Co.

Document Subpoena from US Authorities: Critical Steps

Barnea Jaffa Lande & Co. on

Receiving a document subpoena from the DOJ, the SEC, or any other US regulatory authority is a stressful and unpleasant situation.   Things may seem even more stressful and complicated if you are a foreign national or company...more

Parker Poe Adams & Bernstein LLP

Business Owner Who Failed to Turn Over Pay Records Ordered to Prison

Last week, a federal judge in Michigan ordered the U.S. Marshals Service to arrest and imprison a home healthcare agency owner who repeatedly defied a U.S. Department of Labor demand that she provide pay records as part of a...more

Bradley Arant Boult Cummings LLP

Insurance Coverage for Government Investigations: Tender Claims Early

Any company, particularly if conducting business is a highly regulated industry, risks being served with a subpoena or a civil investigative demand (collectively, “CID”) from a governmental agency or entity. As set forth...more

Jones Day

Federal Court Grants the SEC Limited Access to the Identities of Law Firm Clients Impacted by a Cyberattack

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In Short - The Situation: Following a cyberattack on a law firm's systems, the Securities and Exchange Commission ("SEC") subpoenaed the firm for information, including the identity of clients whose information may have...more

BakerHostetler

Government Scrutiny Expected of Providers That Furnished OTC COVID-19 Tests to Medicare Patients

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In April 2022, CMS announced an initiative to pay for Medicare beneficiaries to receive free OTC COVID-19 test kits. Specifically, Medicare established a demonstration project to pay various eligible healthcare providers to...more

K&L Gates LLP

Litigation Minute: Batten Down the Hatches: Best Practices to Weather the Storm of a Government Investigation (Cryptocurrency...

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What You Need To Know In A Minute Or Less - Given the evolving regulatory and enforcement landscape—along with the increasingly heightened attention paid by regulators to the cryptocurrency, digital assets, and blockchain...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

Esquire Deposition Solutions, LLC

Congressional Committee Depositions: A Deposition Unlike Any Other

The summer of 2022 is turning out to be the summer of legislative investigations and their own special kind of deposition. These depositions are unique in the law, and they can materialize as quickly as a summer thunderstorm....more

Goodwin

Third Circuit Affirms Dismissal of Complaint, Finding Investors Failed to Sufficiently Allege Amarin’s Statements Were False or...

Goodwin on

On June 14, 2022, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a securities suit brought by investors in pharmaceutical company, Amarin Corporation, PLC, holding that the investors had failed to...more

Jones & Keller, P.C.

Disclosure or Non-Disclosure: Governmental Investigation of Securities-Related Activity

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Federal and state regulators are increasingly pursuing enforcement actions against companies and individuals that engage in activities related to securities. In 2021, the U.S Securities and Exchange Commission (SEC) reported...more

Robinson+Cole ERISA Claim Defense Blog

District Court Enforces DOL Investigative Subpoena Against Plan Service Provider Concerning Alleged Cybersecurity Breaches

A federal District Court judge in Illinois sided with the U.S. Department of Labor (DOL) in ordering Alight Solutions, LLC, an ERISA plan services provider, to comply with an administrative subpoena seeking documents...more

Oberheiden P.C.

Received a Search Warrant? 10 Facts You Need to Know

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Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more

Oberheiden P.C.

10 Steps to Take if You Receive a Federal Grand Jury Subpoena - and 5 to Avoid

Oberheiden P.C. on

Receiving a federal grand jury subpoena is a serious matter. Whether you are the target of a federal investigation or prosecutors believe you have information they can use to pursue charges against another person or company,...more

Ervin Cohen & Jessup LLP

FTC Announces Expansion of Compulsory Process Resolutions to Eight Areas

On September 14, 2021, the Federal Trade Commission (“FTC”) voted 3-2 to approve new compulsory process resolutions in eight areas. Compulsory process refers to the issuance of demands for documents and testimony, through...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

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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?

Oberheiden P.C. on

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

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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

Goodwin

California DFPI Announces Investigation of a Dozen Debt Collectors

Goodwin on

On January 19, 2020, the California Department of Financial Protection and Innovation (DFPI) launched an investigation ​into a dozen debt collectors potentially engaging in unlawful, unfair, deceptive, or abusive acts or...more

Bass, Berry & Sims PLC

An Ounce of Prevention: Effective Corporate Policies for Dealing with Government Investigations and Inquires

Bass, Berry & Sims PLC on

One of the first indicators that may tip off a healthcare provider or government contractor that their organization may be the subject of a False Claims Act (FCA) investigation is contact with a government investigator. That...more

McGlinchey Stafford

Do I Need a Lawyer? Federal Employees Under Investigation [More with McGlinchey Ep. 1]

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Government employees can find themselves in the middle of investigations and want to protect themselves. There’s no need to make this road any tougher than it has to be. In Episode 1 of “More with McGlinchey,” our podcast on...more

Baker Donelson

At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

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In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more

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