Topics

Anti-Money Laundering

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

Attorney work product doctrine

To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

Bribery

Supreme Court Decision Restricts Government Prosecution of Political CorruptionFormer Virginia Governor Guilty of CorruptionDodd-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 CounselLaw Enforcement Cannot Freeze Assets Not Tied to Crimes, Supreme Court RulesSplit 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 ConductEffective Compliance Programs Require a Commitment from the TopRecord 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 InvestigationsThe SEC Weighs In on Reporting Related to COVID-19The SEC Reacts to COVID-19

Corporate Governance

The Importance of Whistleblower Protection and Wellbeing in the Age of Mental Health AwarenessIs Your Board Cyber-Ready? Leadership Steps to Support Corporate CybersecurityThe Role of Company Directors During COVID-19

COVID-19

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

Customs

Judge Upholds Border Search of Laptop against Constitutional Challenge

Cybercrime

Is Your Board Cyber-Ready? Leadership Steps to Support Corporate CybersecurityBeware! Internet Scammers Out to Capitalize on COVID-19 ScareFBI Warns of Teleconferencing and Online Classroom Hijacking During COVID-19 Pandemic

Diversity

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

Dodd-Frank

Dodd-Frank Whistleblower Claims are Arbitrable, Second Circuit HoldsRecord High Awards and Supreme Court Decision Further Incent Potential Whistleblowers to Report Conduct to the SECRetaliation 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 2018Record High Awards and Supreme Court Decision Further Incent Potential Whistleblowers to Report Conduct to the SECPlans to ‘Reframe’ Title IX Enforcement Announced

Ethics

Supreme Court Decision Restricts Government Prosecution of Political CorruptionKentucky 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 FCACARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse InvestigationsTenth Circuit Rules that False Claims Act (FCA) Does Not Cover Post-Employment Retaliation

FCPA

Ninth Circuit Rules Alleged FCPA Violation Cannot Support SOX ClaimDepartment of Justice Renews Commitment to Enforcement of Foreign Corrupt Practices ActSelf-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 FinesNew DOJ Policy Likely to Result in Increase in ForfeituresPost-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 WarrantDepartment of Justice now needs a warrant to search cell phones with Stingray devices … with some exceptionsCourts 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 InvestigationsFBI Issues Warnings Regarding COVID-19 Fraud SchemesGovernment Failure to Prove Actual Losses Means No Restitution to Victims under Restitution Act, Court Rules

Gratuities

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

Healthcare

The Importance of Whistleblower Protection and Wellbeing in the Age of Mental Health AwarenessSCOTUS Declines to Decide Whether Objective Falsity is Required to Establish Liability Under FCAFBI Issues Warnings Regarding COVID-19 Fraud Schemes

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

Managing Outside Investigators – Best Practices for EmployersForensic Review During Investigations: Have You Considered The NLRA?Investigating Complaints Containing Second-Hand Information in the COVID-19 Era

Kickbacks

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

Money Laundering

Recent Enforcement Action Against Virtual Currency Signals Sea ChangeUtah Legislature Approves White Collar Crime RegistryRestitution 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 RulesSupreme Court to Decide Whether Government can Freeze a Defendant’s Lawful Assets Pre-ConvictionEmployer 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-OxleyCourt Denies Motions To Dismiss Obstruction Charges Against Former BP Engineer

OSHA

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

Plea Agreements

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

Public Corruption

Supreme Court Decision Restricts Government Prosecution of Political CorruptionFormer Virginia Governor Guilty of CorruptionFifth 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 FinesGovernment Failure to Prove Actual Losses Means No Restitution to Victims under Restitution Act, Court RulesDepartment of Justice Controversial Asset Forfeiture Program Resumed

Sarbanes-Oxley

Dodd-Frank Whistleblower Claims are Arbitrable, Second Circuit HoldsOne Size Does Not Fit All: The Need for a Tailored Code of ConductNinth 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 exceptionsCourts Disagree on Whether Government May Obtain Cell Phone Location Information Without a WarrantFederal Appeals Court in New York to Clarify When Seizures of Computers are Unconstitutional

SEC

Is Your Board Cyber-Ready? Leadership Steps to Support Corporate CybersecurityCAUTION ADVISED FOR LANGUAGE IN EMPLOYMENT SETTLEMENT AND SEVERANCE AGREEMENTSESG Taking Center Stage At The SEC – What Can Publicly Traded Employers Expect?

Securities

CAUTION ADVISED FOR LANGUAGE IN EMPLOYMENT SETTLEMENT AND SEVERANCE AGREEMENTSSEC Reports Significant Increases In FY2021 Whistleblower ProgramGovernment 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 ReleaseJudges, Senators, DOJ Officials: Action Required by President, AG to Protect Inmate Population during COVID-19 CrisisDepartment 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 2018Dallas 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 AGREEMENTSMaritime Technician Exonerated in Theft of Trade Secret Case

Uncategorized

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

Whistleblower

Virginia’s 2020 Whistleblower Protection LawThe Importance of Whistleblower Protection and Wellbeing in the Age of Mental Health AwarenessPennsylvania Appellate Court Affirms Summary Judgment in Whistleblower Case

White Collar Crime

“Knock on our door before we knock on yours:” Recent DOJ TrendsCARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse InvestigationsFBI Issues Warnings Regarding COVID-19 Fraud Schemes