News & Analysis as of

Investigations

4 Top Takeaways: Use of Investigators

Kilpatrick Townsend senior counsel Chris Bussert recently presented in a workshop with Jeremy Liebman, franchise counsel at Krispy Kreme Doughnut Corporation, at the ABA Annual Forum on Franchising in Palm Springs,...more

Increased Use of Checklists in Compliance Investigations

by Polsinelli on

Every day, people rely on highly skilled professionals to recall from memory a litany of information which helps them assess conditions, use their judgment, and respond accordingly. It should come as no surprise then, that...more

ITC Re-Opens Investigation in Response to Federal Circuit Reversal

by Jones Day on

In response to the Federal Circuit’s reversal of the ITC’s indefiniteness and invalidity finding, the Commission remanded the investigation to ALJ with instructions to issue an ID within 30 days....more

Corporate Law & Governance Update - November 2017

by McDermott Will & Emery on

Planning for a "Soft" Yates Repeal - Forthcoming changes to the Department of Justice’s “Yates Memorandum” offer unanticipated legal compliance consequences for health systems that merit proactive consideration by the...more

Looking Beyond the Recent CFIUS Annual Report

by Jones Day on

The Situation: CFIUS recently released its annual report to Congress regarding transactions reviewed by CFIUS during 2015, as well as limited information regarding transactions reviewed during 2016....more

Asserted Claims Found Indefinite in Electrical Connectors Investigation

by Jones Day on

In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite. He accordingly found the asserted claims invalid, stayed the Investigation,...more

New Title IX Guidance: Steps To Take Now

by Holland & Knight LLP on

• The U.S. Department of Education rescinded two major Office for Civil Rights guidance documents interpreting the application of Title IX to reports of sexual misconduct. • Secretary of Education Betsy DeVos stated that...more

Department of Education Rescinds Obama Era Guidance on Sexual Harassment & Provides Interim Rules

by Miller Canfield on

The U.S. Department of Education Office of Civil Rights ("OCR") this morning formally rescinded its April 4, 2011, Dear Colleague Letter as well as the April 29, 2014, Questions and Answers on Title IX and Sexual Violence....more

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

by Fisher Phillips on

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

The Department of Education Withdraws Obama-Era Title IX Guidance, Issues Interim Q&A

On Friday, September 22, 2017, when the Trump administration announced that it was rescinding Obama-era Title IX sexual assault guidance and issuing a new question and answer document while undertaking a formal review, most...more

SEC Focuses on Initial Coin Offerings: Tokens May Be Securities Under Federal Securities Laws

by Dechert LLP on

The U.S. Securities and Exchange Commission (SEC) has recently taken several actions to make clear that it is focused on and actively monitoring the rapidly growing market for so-called “token sales” or “initial coin...more

Professional Regulatory Alert: Your Career May Be An Open Book: Privacy and Regulatory Investigations

by Field Law on

In dismissing an appeal by an Alberta lawyer who alleged that his Charter rights were violated by an order allowing a law society investigator to search his computers, cell phones, and other electronic devices, the Alberta...more

U.S. Department of Education Announces Intention to Review and Replace Title IX Regulations Concerning Sexual Harassment and...

by Shipman & Goodwin LLP on

On Thursday, September 7, in a speech by U.S. Department of Education Secretary Betsy Devos, the Department announced that it would undertake a review of its current Title IX enforcement guidance concerning campus-based...more

Commerce Announces Preliminary Determinations on Carbon and Steel Wire Rod from Turkey and Italy

by Kelley Drye & Warren LLP on

Yesterday, the Department of Commerce announced its preliminary determinations in the countervailing duty investigations on carbon and alloy steel wire rod from Turkey and Italy. Commerce reached affirmative determinations...more

Hurricane Harvey – Reflections on Being Prepared

by Thomas Fox on

We are now half way (hopefully) through what is predicted to be the largest amount of rain seen in one week by the city of Houston and its surrounding environs in the city’s recorded history. First and foremost, my deepest...more

Lincoln Cemetery Sued by EEOC for Retaliation

Company Terminated a 31-Year Veteran Employee After She Participated in a Discrimination Investigation, Federal Agency Charges - ATLANTA - Lincoln Cemetery, Inc., an Atlanta corporation specializing in interment...more

“I Got the Power!” – EEOC’s Investigatory Power Trumps Dismissal of Discrimination Claim in Federal Court

Can the EEOC keep investigating a claim after it has issued a right to sue letter? What about after the charging party has already filed a lawsuit and lost at the summary judgment stage? The U.S. Court of Appeals for the...more

Soft Skills in Remediation: Part II – Project Timing

by Thomas Fox on

Today, I continue a five-part series on what a Chief Compliance Officer (CCO) needs to consider when working through the remediation component of a potential Foreign Corrupt Practices Act (FCPA) compliance violation. I am...more

Texas Federal Judge Upholds CFPB’s Investigative Authority in Denying Stay Pending Appeal of CFPB CID Dispute

by Dorsey & Whitney LLP on

Burgeoning federal enforcement efforts relating to the consumer data and credit reporting industry have led to another key legal development: a federal court in Dallas ruled in favor of the Consumer Financial Protection...more

Trademark Investigations In The Age Of Social Media: When Can You “Friend” An Adversary?

I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries, see the world through their...more

What Is The NRC And Who Does It Regulate?

by Fox Rothschild LLP on

For those corporations that create, sell, and distribute goods with traces of radioactive materials, the United States Nuclear Regulatory Commission (NRC) is the governing agency. Smoke detectors, clocks, fertilizer,...more

FTC Announces Improvements to its Investigation Process

by Ballard Spahr LLP on

On July 17th, the Federal Trade Commission (FTC) announced reforms to its civil investigative demand (CID) process designed to streamline information requests and improve transparency in FTC investigations.  The process...more

Moonlight Fire Case: Ninth Circuit Denies Relief to Defendants Under FRCP 60 in U.S. v. Sierra Pacific Industries

On July 13, the U.S. Court of Appeals for the Ninth Circuit decided the case of United States v. Sierra Pacific Industries, et al. This is referred to as the “Moonlight Fire” case. The Ninth Circuit framed the issues...more

The Smartphone: A Treasure Trove of Evidence in Trade Secret Cases

by Seyfarth Shaw LLP on

It’s hard to believe the first smartphone was released over 20 years ago. At that time, few thought it would become such an integral part of our lives. Additionally, this year marks the 10th anniversary of the iPhone and its...more

DOJ Expands Time Frame to Investigate Immigration-Related Discrimination Actions

Earlier in 2017, new rules became effective from the U.S. Department of Justice’s (DOJ) Civil Rights Division impacting the authority of the Immigrant and Employee Rights Section (IER)—formerly known as the Office of Special...more

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Cybersecurity

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