Topics

Anti-Money Laundering

New Law Rewarding Whistleblowers May Lead to Substantial Increase in Whistleblower Claims Recent Enforcement Action Against Virtual Currency Signals Sea Change DOJ announces that Anti-Money Laundering Enforcement is a Top Priority

Bribery

Supreme Court Decision Restricts Government Prosecution of Political Corruption Former Virginia Governor Guilty of Corruption Dodd-Frank Whistleblower Provision Proving Fertile Breeding Ground for Whistleblowers

Case Law update

California Court Rules Sarbanes-Oxley Preempts California Law Regarding Privileged Communications in Suit by Former In-House Counsel Law Enforcement Cannot Freeze Assets Not Tied to Crimes, Supreme Court Rules Split Appeals Court Decision May Set Stage for Supreme Court Review of Dodd-Frank Whistleblower Provision

Code of Conduct

One Size Does Not Fit All: The Need for a Tailored Code of Conduct

Compliance Tip

One Size Does Not Fit All: The Need for a Tailored Code of Conduct Effective Compliance Programs Require a Commitment from the Top Record High Awards and Supreme Court Decision Further Incent Potential Whistleblowers to Report Conduct to the SEC

Computers

Federal Appeals Court in New York to Clarify When Seizures of Computers are Unconstitutional

Conspiracy

Former NHL Player receives probation for drug offense

Corporate Compliance

CARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse Investigations The SEC Weighs In on Reporting Related to COVID-19 The SEC Reacts to COVID-19

Corporate Governance

The Role of Company Directors During COVID-19 The SEC Weighs In on Reporting Related to COVID-19 The SEC Reacts to COVID-19

COVID-19

CARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse Investigations FBI Issues Warnings Regarding COVID-19 Fraud Schemes The Role of Company Directors During COVID-19

Customs

Judge Upholds Border Search of Laptop against Constitutional Challenge

Cybercrime

Beware! Internet Scammers Out to Capitalize on COVID-19 Scare FBI Warns of Teleconferencing and Online Classroom Hijacking During COVID-19 Pandemic

Diversity

The “S” in ESG: Tying Compensation To DEI Goals California Courts Have Found Two Statutes Requiring Diversity in the Makeup of Public Company Boards of Directors Unconstitutional California Superior Court Finds AB 979 is Unconstitutional

Dodd-Frank

Dodd-Frank Whistleblower Claims are Arbitrable, Second Circuit Holds Record High Awards and Supreme Court Decision Further Incent Potential Whistleblowers to Report Conduct to the SEC Retaliation Plaintiff Not a Covered Whistleblower under Plain Reading of Dodd-Frank Act, Court Rules

Economic espionage

Maritime Technician Exonerated in Theft of Trade Secret Case

Enforcement Update

A Look Back at Key Corporate Governance and Internal Investigations Issues in 2018 Record High Awards and Supreme Court Decision Further Incent Potential Whistleblowers to Report Conduct to the SEC Plans to ‘Reframe’ Title IX Enforcement Announced

Ethics

Supreme Court Decision Restricts Government Prosecution of Political Corruption Kentucky High Court Upholds Attorney Ethics Rule Prohibiting Plea Agreements with ‘Ineffective Assistance’ Waivers

False Claims Act

SCOTUS Declines to Decide Whether Objective Falsity is Required to Establish Liability Under FCA CARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse Investigations Tenth Circuit Rules that False Claims Act (FCA) Does Not Cover Post-Employment Retaliation

FCPA

Ninth Circuit Rules Alleged FCPA Violation Cannot Support SOX Claim Department of Justice Renews Commitment to Enforcement of Foreign Corrupt Practices Act Self-Disclosure Analysis of FCPA violations and the New Administration

FDA

Federal Safety and Health Agency Releases Rules on Food Safety Whistleblower Claims

Forfeiture

Department of Justice Guidance on Companies’ Claim of Inability to Pay Criminal Fines New DOJ Policy Likely to Result in Increase in Forfeitures Post-Luis, Law Enforcement Can Freeze Assets Not Tied to Crimes or Needed to Hire Counsel, Federal Court Rules

Fourth Amendment

Court to Rehear Whether Government May Compel Disclosure of Cell Phone Location Information Without a Warrant Department of Justice now needs a warrant to search cell phones with Stingray devices … with some exceptions Courts Disagree on Whether Government May Obtain Cell Phone Location Information Without a Warrant

Fraud

CARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse Investigations FBI Issues Warnings Regarding COVID-19 Fraud Schemes Government Failure to Prove Actual Losses Means No Restitution to Victims under Restitution Act, Court Rules

Gratuities

Supreme Court Decision Restricts Government Prosecution of Political Corruption MYSTERY PLANE AND LESSONS LEARNED FOR THE FOREIGN CORRUPT PRACTICES ACT

Healthcare

SCOTUS Declines to Decide Whether Objective Falsity is Required to Establish Liability Under FCA FBI Issues Warnings Regarding COVID-19 Fraud Schemes Judges, Senators, DOJ Officials: Action Required by President, AG to Protect Inmate Population during COVID-19 Crisis

immigration

DHS Investigation leads to largest worksite enforcement forfeiture in ICE history.Judge Upholds Border Search of Laptop against Constitutional Challenge

Insider Trading

Insufficient Evidence Calls for Overturning Insider Trading Cases, Second Circuit Rules

Internal Investigations

Investigating Complaints Containing Second-Hand Information in the COVID-19 Era Preventing Retaliation Claims During and After an Internal Investigation Who is the Audience for an Internal Investigation Report?

Kickbacks

Corporate Executives Sentenced to Prison for $3.4M Kickback Scheme MYSTERY PLANE AND LESSONS LEARNED FOR THE FOREIGN CORRUPT PRACTICES ACT

Money Laundering

Recent Enforcement Action Against Virtual Currency Signals Sea Change Utah Legislature Approves White Collar Crime Registry Restitution for Money Laundering Not Offset by Victim’s Self-Help, Court Rules

MVRA

Post-Luis, Law Enforcement Can Freeze Assets Not Tied to Crimes or Needed to Hire Counsel, Federal Court Rules Supreme Court to Decide Whether Government can Freeze a Defendant’s Lawful Assets Pre-Conviction Employer Restitution under Victim Restitution Law (MVRA) Not Offset by Employee’s Canceled Stock Options, Court Rules

Non-Profit

New York Rolls Out Internal Governance Requirements for Non-Profits

Obstruction

Supreme Court Finds Something Fishy in Prosecution of Ship Captain Under Sarbanes-Oxley Court Denies Motions To Dismiss Obstruction Charges Against Former BP Engineer

OSHA

The Waiting Is the Hardest Part: Staff Decreases, Whistleblower Claim Increases Strain OSHA Effective Compliance Programs Require a Commitment from the Top Federal Safety and Health Agency Releases Rules on Food Safety Whistleblower Claims

Plea Agreements

Utah Legislature Approves White Collar Crime Registry Kentucky High Court Upholds Attorney Ethics Rule Prohibiting Plea Agreements with ‘Ineffective Assistance’ Waivers

Public Corruption

Supreme Court Decision Restricts Government Prosecution of Political Corruption Former Virginia Governor Guilty of Corruption Fifth Circuit Upholds Original Source Requirements under False Claims Act

Regulatory Update

U.S. Department of Justice Reverses Hands-Off Enforcement Policy on Marijuana

Restitution

Department of Justice Guidance on Companies’ Claim of Inability to Pay Criminal Fines Government Failure to Prove Actual Losses Means No Restitution to Victims under Restitution Act, Court Rules Department of Justice Controversial Asset Forfeiture Program Resumed

Sarbanes-Oxley

Dodd-Frank Whistleblower Claims are Arbitrable, Second Circuit Holds One Size Does Not Fit All: The Need for a Tailored Code of Conduct Ninth Circuit Rules Alleged FCPA Violation Cannot Support SOX Claim

Search and Seizure

Department of Justice now needs a warrant to search cell phones with Stingray devices … with some exceptions Courts Disagree on Whether Government May Obtain Cell Phone Location Information Without a Warrant Federal Appeals Court in New York to Clarify When Seizures of Computers are Unconstitutional

SEC

CAUTION ADVISED FOR LANGUAGE IN EMPLOYMENT SETTLEMENT AND SEVERANCE AGREEMENTS ESG Taking Center Stage At The SEC – What Can Publicly Traded Employers Expect?SEC Reports Significant Increases In FY2021 Whistleblower Program

Securities

CAUTION ADVISED FOR LANGUAGE IN EMPLOYMENT SETTLEMENT AND SEVERANCE AGREEMENTS SEC Reports Significant Increases In FY2021 Whistleblower Program Government Failure to Prove Actual Losses Means No Restitution to Victims under Restitution Act, Court Rules

Sentencing

AG Barr: Prosecutors, BOP Should Consider COVID-19 Crisis in Determining Bail, Early Release Judges, Senators, DOJ Officials: Action Required by President, AG to Protect Inmate Population during COVID-19 Crisis Department of Justice Guidance on Companies’ Claim of Inability to Pay Criminal Fines

Sexual Harassment

A Look Back at Key Corporate Governance and Internal Investigations Issues in 2018 Dallas Mavericks Investigation Report Recommends Women in Leadership and Anonymous Workplace Climate Surveys to Combat Sexual Harassment

Sixth Amendment

Law Enforcement Cannot Freeze Assets Not Tied to Crimes, Supreme Court Rules

Title IX

Plans to ‘Reframe’ Title IX Enforcement Announced

Trade Secrets

CAUTION ADVISED FOR LANGUAGE IN EMPLOYMENT SETTLEMENT AND SEVERANCE AGREEMENTS Maritime Technician Exonerated in Theft of Trade Secret Case

Uncategorized

Practical Guidance to Mitigate Risks to Employers of “Bad Actors” Who Engage in Retaliatory Acts Preventing Retaliation Claims During and After an Internal Investigation Teri Wilford Wood Speaks on Board Diversity

Whistleblower

New Law Rewarding Whistleblowers May Lead to Substantial Increase in Whistleblower Claims Seventh Circuit Affirms Summary Judgment Ruling Against Illinois Employee Who Refused to Participate in Sale of Product Banned in New York Goodbye to McDonnell Douglas Under the Minnesota Whistleblower Act?

White Collar Crime

CARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse Investigations FBI Issues Warnings Regarding COVID-19 Fraud Schemes AG Barr: Prosecutors, BOP Should Consider COVID-19 Crisis in Determining Bail, Early Release