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Alston & Bird

“No One Wants to Be Second”: The DOJ’s New Corporate Whistleblower Awards Pilot Program

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The DOJ’s much-anticipated corporate whistleblower program is here, making multimillion-dollar financial awards available to eligible individuals who report corporate misconduct. There’s lots in it to digest, and our White...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Latham & Watkins LLP

New SFO Director Sets Tone for Tenure

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Motivated by a “visceral reaction” to large-scale economic crime, Nick Ephgrave lays out vision for a bolder, more pragmatic, and more proactive agency. Whistleblowers, dawn raids, and cross-agency collaboration are all...more

Alston & Bird

Carrots Aren’t Just for Companies: The SDNY’s New Whistleblower Pilot Program

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The U.S. Attorney’s Office for the Southern District of New York (SDNY) is taking aim at corporate criminal wrongdoing with a new whistleblower initiative. Our White Collar, Government & Internal Investigations Team breaks...more

Husch Blackwell LLP

The Justice Insiders Podcast: SEC Plays Chicken with Jarkesy

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Host Gregg N. Sofer welcomes back to the podcast Richard Epstein, Laurence A. Tisch Professor of Law at NYU School of Law, to discuss the U.S. Supreme Court’s consideration of Securities and Exchange Commission v. Jarkesy, a...more

Oberheiden P.C.

FDA Warning Letter Response Strategies (Step-By-Step)

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FDA Warning letters can be harbinger of formal civil and criminal investigations. If your business receives such a notice of non-compliance from the FDA, you should immediately contact an experienced FDA defense attorney....more

Oberheiden P.C.

Eight Points to Know About FTC Subpoenas

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What Is the Federal Trade Commission (“FTC”)? The Federal Trade Commission (“FTC”) is a federal agency that enforces consumer protection laws and competition regulation in the United States. Its dual mission is (1) to...more

Jones Day

Italy: Administrative (Quasi-Criminal) Liability for Employee Actions Extended to Tax Offenses

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The Italian legal framework provides for the administrative (quasi-criminal) liability of companies for certain criminal offenses committed by their directors, executives, and employees in the interest, or for the benefit, of...more

Sheppard Mullin Richter & Hampton LLP

Using “Prospective Hindsight” To Identify And Mitigate Risks During A Crisis

In 1657, mathematician Blaise Pascal commented in a letter to his church leaders “I have made this longer than usual because I did not have time to make it shorter.” More than 100 years later, another Frenchman, Napoleon...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Emphasizes Transparency and Encourages Cooperation

In 2019, the Criminal Division of the U.S. Department of Justice (DOJ) continued its efforts, begun a few years prior, to enhance transparency with respect to the DOJ's prosecutorial decision-making. In public statements, DOJ...more

Barnea Jaffa Lande & Co.

Israel's Prosecution Policy for the Criminal Prosecution and Punishment of Corporations

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In October 2019, the Israel State Attorney published a new guideline on its office’s policy when considering the prosecution of a corporation, as well as on how it should determine its position on the manner of punishing...more

White & Case LLP

German legislative initiative on new corporate sanctions law

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The German Federal Ministry of Justice has presented a draft bill intended to combat corporate crime. The bill has not yet been published. The most significant provisions can be found in the proposed "Association Sanctions...more

Kramer Levin Naftalis & Frankel LLP

Les premières lignes directrices communes PNF/AFA

Lorsque la loi n° 2016-1691 du 9 décembre 2016 (« Loi Sapin II ») a créé la convention judicaire d’intérêt public (« CJIP ») sur le modèle des transactions pénales américaines (Deferred Prosecution Agreement ou « DPA »), on a...more

The Volkov Law Group

A Classic Criminal Investigation: Unraveling PDVSA Corruption

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The Justice Department has been criticized on numerous occasions about its approach to criminal investigations and prosecutions.  In a recent decision, the chief judge in the Eastern District of New York criticized DOJ for...more

Baker Donelson

Evaluating the Effectiveness of Corporate Compliance Programs – What the Government is Looking For

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The U.S. Justice Department has updated its "Evaluation of Corporate Compliance Programs," a guidance document detailing topics and questions prosecutors should weigh when determining whether a company has demonstrated...more

Hogan Lovells

The Southern District of New York Expresses Concern with Government's "Outsourcing" of Corporate Internal Investigations

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In a recent decision that could have critical implications for corporate internal investigations conducted pursuant to a government agency’s request, the Southern District of New York expressed concern with the government’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Compliance Investigations in China Take On New Urgency

The ongoing trade tensions between the U.S. and China have caused some U.S. companies to become increasingly concerned that the Chinese authorities may subject their local operations to closer scrutiny, leading these...more

Thomas Fox - Compliance Evangelist

Shakespeare’s Problem Plays: Part 2 – Troilus and Cressida and Farce in Compliance as Tragedy

This week we have seen how the tragedy of the victims of Larry Nassar go to a new level when Michigan State University (MSU) Interim President John Engler said (on the record) to the Editorial Board of the Detroit News,...more

Latham & Watkins LLP

SFO Update: Lisa Osofsky’s First 50 Days

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New SFO Director reaffirms her intentions and priorities for the agency. Fifty days have passed since Lisa Osofsky took over at the UK’s Serious Fraud Office (SFO), pledging to be a “different kind” of director....more

A&O Shearman

Internal investigations documents seised in lawful law firm raid

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The much publicised raid of U.S. law firm Jones Day’s Munich office and the seizure of documents relating to VW’s internal investigation by prosecutors in an investigation of Audi AG were legal, according to German courts. A...more

Bracewell LLP

Legal Professional Privilege: The New Status Quo

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Legal professional privilege (“LPP”) has been a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer and its client. As a concept...more

Kramer Levin Naftalis & Frankel LLP

UK Court of Appeal Extends Privilege in Internal Investigations

Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 - On Sept. 5, 2018, the Court of Appeal of England and Wales handed down a unanimous...more

Kramer Levin Naftalis & Frankel LLP

UK Court of Appeal Extends Privilege in Internal Investigations

Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006....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

A&O Shearman

ENRC v SFO appeal: internal corporate investigation documents were protected by privilege

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Documents, including interview notes, generated by mining company ENRC during an internal corruption investigation were protected by privilege and therefore did not have to be disclosed to the Serious Fraud Office (SFO). ...more

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