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Internal Investigations Supreme Court of the United States

Dechert LLP

Internal Investigations: A Cross-Country Perspective

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Navigating the complexities of internal investigations is crucial for maintaining compliance and fostering a safe workplace environment. In this Q&A guide, Dechert’s labor and employment team provides a comprehensive...more

Proskauer Rose LLP

No Good Deed Goes Unpunished: When Employers’ Good Intentions Inadvertently Create Increased Risk

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Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more

King & Spalding

Recent Developments in Coburn: Walking the Tightrope of Cooperating with DOJ while Maintaining an Independent Investigation

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In February 2022, a District of New Jersey court in United States v. Coburn took the surprising step of compelling a private company to produce internal investigation materials to two of its former executives, who were...more

Snell & Wilmer

Walking the Regulatory Tightrope: The Attorney-Client Privilege in an Intertwined World

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Whether or not a client is involved in civil litigation, the target of a grand jury subpoena or some other request to produce documents, the attorney-client privilege serves as a powerful tool to shield sensitive matters from...more

Snell & Wilmer

Pitfalls of Internal Investigations: Supreme Court Appeal Highlights Perils of Reliance on Consulting Firms

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With the ever-increasingly complex regulatory environment in the United States, ensuring corporate compliance is neither inexpensive nor easy. Given these difficulties, when the need to conduct an internal investigation...more

Rothwell, Figg, Ernst & Manbeck, P.C.

New Interim Process at the PTAB for Decision Circulation and Internal Review

Recently, the Patent Trial and Appeal Board (PTAB) announced a new interim procedure for decision circulation and internal review. This interim procedure is aimed at promoting feedback, eliminating inconsistencies, and...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Cozen O'Connor

Notice of Appeal - January 2020

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Last fall, in United State ex rel. Silver v. Omnicare, Inc. (3d Cir. 2018), the Third Circuit addressed the False Claims Act’s public disclosure bar. The Court held that a qui tam relator’s claim is not barred by reliance on...more

Proskauer - The Capital Commitment

Rocky Mountain Securities Conference: A Review Of Enforcement

The SEC, in conjunction with the Colorado Bar Association and Colorado Society of Certified Public Accountants, recently sponsored the 51st Annual Rocky Mountain Securities Conference featuring SEC officials and corporate...more

Moore & Van Allen PLLC

Caution: Costs of Investigations into Employees’ Fraud are No Longer Recoverable under the Mandatory Victims Restitution Act

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In a decision with far-reaching implications for corporate victims of fraud, the U.S. Supreme Court recently held that the Mandatory Victims Restitution Act of 1996 (MVRA) does not entitle victims of certain federal offenses,...more

McGuireWoods LLP

Supreme Court Narrows Ability to Recover Internal Investigation Costs

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In January, this blog previewed the Supreme Court’s grant of certiorari in Lagos v. United States to resolve a circuit split regarding whether companies could recover costs of internal investigations under the Mandatory...more

K&L Gates LLP

SCOTUS Says Costs of Internal Investigations Are Not Reimbursable Under Mandatory Victims Restitution Act

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On May 29, 2018, the U.S. Supreme Court decided Lagos v. United States and held that legal fees and other costs associated with a victim company’s independent investigation of misconduct ultimately resulting in criminal...more

King & Spalding

U.S. Supreme Court Limits Restitution Available in Federal Criminal Cases

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On May 29, 2018, the United States Supreme Court decided Lagos v. United States, narrowly interpreting the Mandatory Victims Restitution Act of 1996 (“MVRA”) to bar crime victims from recovering the costs of their private...more

Kramer Levin Naftalis & Frankel LLP

In Unanimous Ruling, US Supreme Court Limits Criminal Restitution Orders Under the Mandatory Victims Restitution Act

In Lagos v. United States, decided on May 29, 2018, the U.S. Supreme Court unanimously held that restitution orders under the Mandatory Victims Restitution Act (MVRA) are limited to fees and expenses incurred during...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lagos v. United States

On May 29, 2018, the Supreme Court of the United States decided Lagos v. United States, No. 16-1519, holding that the federal law making restitution to victims of certain federal crimes mandatory does not apply to victims’...more

Blank Rome LLP

White Collar Watch (April 2018 - No. 1)

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Welcome to the spring edition of our White Collar Watch. Hopefully by the time you are reading this, winter’s storms (finally?) are behind us. 2018 has gotten off to a busy start for our practice and attorneys. We look...more

Seyfarth Shaw LLP

Supreme Court to Decide Whether Crime Victims Are Entitled to Mandatory Reimbursement of Internal Investigations Costs

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On January 12, 2018, the United States Supreme Court granted certiorari in Lagos v. United States, No. 16-20146 (2018), which presents the question of whether victims (including corporate victims) are entitled to have their...more

A&O Shearman

U.S. Supreme Court To Review Ex-CEO's Appeal Regarding Restitution Of Legal Fees Associated With An Internal Investigation

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On January 12, 2018, the Supreme Court granted certiorari to hear an appeal from a two-judge, Fifth Circuit panel decision regarding whether federal law permits restitution orders in criminal cases to cover the costs of...more

Cozen O'Connor

Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

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On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross Border Investigations Update - July 2017

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including the new Criminal Finances Act 2017, increased regulatory scrutiny of Chinese companies...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more

Hinshaw & Culbertson LLP

The Cat Fights Back: 7th Circuit Discusses Cat's Paw Theory Post-Staub

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In 2011, the United States Supreme Court made the"cat's paw" theory of liability significantly easier for employees to prove. An employee can establish a cat's paw theory of liability in an employment discrimination suit when...more

Proskauer - Government Contractor Compliance...

Internal Investigation Documents Are Protected from Disclosure in False Claims Act Case, D.C. Circuit Holds

Reversing a lower court decision, the D.C. Circuit recently concluded – for a second time – that certain internal audit documents are protected from disclosure by the attorney-client communication and work production...more

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - April 2015

It’s Stifling in Here! SEC Rules That Companies Can’t Put Restrictive Language in Confidentiality Agreements That Could Potentially Stifle Whistleblowers - Why it matters: On April 1, 2015, the SEC announced its...more

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