Our insights

Global Investigations & Compliance Review

Sixth Circuit Grants Extraordinary Relief in FirstEnergy Discovery Dispute

Recently, the Sixth Circuit said it would not reconsider its October 2025 ruling that affirmed the rule that the fruits of counsel’s investigations are protected under privilege, holding “there is no way to affirm the district court’s ruling [compelling production of withheld documents] without abandoning nearly a half century of jurisprudence concerning the scope of...... Continue Reading

December 2025 | Blog

Global Investigations & Compliance Review

Global Focus on Anti-Corruption Increases

While the United States has announced a pause on Foreign Corrupt Practices Act enforcement, the rest of the world is increasing its focus on prosecuting corrupt activities. This is a reminder to companies with a global footprint, including those headquartered in the U.S. that may not have physical operations overseas, that foreign activities likely fall...… Continue Reading The post Global Focus on Anti-Corruption Increases appeared first on Global Investigations & Compliance Review.

March 2025 | Blog

Global Investigations & Compliance Review

To Disclose or Not to Disclose (and how much) – That is the Question

The decision-making process involved in disclosing a cyber incident is a nuanced and delicate dance.  Companies need to consider a myriad of factors, including when to disclose and how much detail to disclose to employees, customers, or regulators, such as the Securities and Exchange Commission (“SEC”).  A New York bank was recently forced to pay...… Continue Reading The post To Disclose or Not to Disclose (and how much) – That is the Question appeared first on Global Investigations & Compliance Review.

January 2025 | Blog

Global Investigations & Compliance Review

DOJ Updates Guidance on Corporate Compliance Programs

In a post published earlier this year, we highlighted the importance of proactively managing artificial intelligence (“AI”) risks as part of an effective compliance program. Specifically, we explored the key considerations for organizations to effectively navigate AI-related risks and enhance their compliance efforts.  We also referenced Deputy Attorney General Lisa O. Monaco’s announcement incorporating an...… Continue Reading The post DOJ Updates Guidance on Corporate Compliance Programs appeared first on Global Investigations & Compliance Review.

October 2024 | Blog

Global Investigations & Compliance Review

Millions of Reasons to be a Whistleblower Means Increased Need for Internal Reporting Incentives

Summer may be coming to an end, but whistleblower awards are far from over.  On August 23, 2024, the Securities Exchange Commission (“SEC”) announced payment of over $98 million total to two whistleblowers who provided the SEC with information that led to successful enforcement actions – the fifth largest since the program’s inception in 2011,...… Continue Reading The post Millions of Reasons to be a Whistleblower Means Increased Need for Internal Reporting Incentives appeared first on Global Investigations & Compliance Review.

September 2024 | Blog

Publication

Defending the Privilege of a Forensic Report

August 2024 | Americas

Global Investigations & Compliance Review

Who Determines Materiality of Cybersecurity Incidents in Light of Recent SEC Rule Requiring Disclosure of Cybersecurity Incidents?

New SEC Rule Imposes Four Day Deadline to Disclose Material Cybersecurity Incidents In December 2023, the U.S. Securities and Exchange Commission’s (“SEC”) new rule requiring disclosure of material cybersecurity incidents became effective. SPB previously analyzed how the new rule applies to incidents affecting third-party vendors and what companies can do to manage reporting risks created...… Continue Reading The post Who Determines Materiality of Cybersecurity Incidents in Light of Recent SEC Rule Requiring Disclosure of Cybersecurity Incidents? appeared first on Global Investigations & Compliance Review.

June 2024 | Blog

Global Investigations & Compliance Review

Navigating AI Risks: A Guide to Enhancing Corporate Compliance Programs

In today’s rapidly evolving technological landscape, the integration of artificial intelligence (“AI”) into business operations presents unparalleled opportunities for efficiency and innovation. Alongside these advancements, however, come new challenges and risks that must be addressed to ensure regulatory compliance and ethical responsibility. Recently, the Department of Justice (“DOJ”) has underscored the importance of proactively managing...… Continue Reading The post Navigating AI Risks: A Guide to Enhancing Corporate Compliance Programs appeared first on Global Investigations & Compliance Review.

April 2024 | Blog

Global Investigations & Compliance Review

Navigating Shifting Legal Landscapes: Implications of Deputy Attorney General Lisa Monaco’s Address to Oxford University on Artificial Intelligence

Deputy Attorney General Lisa Monaco’s (“Monaco”) recent remarks at Oxford University shed light on the evolving intersection of artificial intelligence (“AI”) and the criminal enforcement landscape and its profound implications for the United States Department of Justice and beyond. As the Chief Operating Officer of the Department of Justice, Monaco’s insights underscore the critical importance...… Continue Reading The post Navigating Shifting Legal Landscapes: Implications of Deputy Attorney General Lisa Monaco’s Address to Oxford University on Artificial Intelligence appeared first on Global Investigations & Compliance Review.

February 2024 | Blog

Global Investigations & Compliance Review

Managing and Reporting Third-Party Cybersecurity Incidents Under the New SEC Cyber Risk Regulations

The rules on reporting cybersecurity risks and incidents pose many challenges for companies. Those challenges can be even more difficult when the cybersecurity incident affects third-party systems. With no exceptions for third-party cybersecurity incidents under the new cybersecurity reporting regulations, companies should take proactive steps to assess and respond appropriately to third-party cybersecurity incidents. The...… Continue Reading The post Managing and Reporting Third-Party Cybersecurity Incidents Under the New SEC Cyber Risk Regulations appeared first on Global Investigations & Compliance Review.

February 2024 | Blog

Global Investigations & Compliance Review

Recent Discover Lawsuits Provide Compliance Lessons

In September, a class action lawsuit (Mannacio v. Discover Financial Services, et al., No. 23-cv-06788 (N.D. Ill.)) was filed against Discover Financial Services (“Discover”) alleging Discover and certain current and/or former executives violated the Securities Exchange Act of 1934. Specifically, the class action complaint alleged that the defendants made false and/or misleading statements and/or failed...… Continue Reading The post Recent Discover Lawsuits Provide Compliance Lessons appeared first on Global Investigations & Compliance Review.

November 2023 | Blog

Global Investigations & Compliance Review

Supreme Court Restricts the Scope of the Aggravated Identity Fraud Statute

Earlier this month, the Supreme Court of the United States decided Dubin v. United States, No. 22-10, 2023 WL 3872518, at *1 (U.S. June 8, 2023), in favor of the defendant. Justice Sonia Sotomayor wrote the opinion for the Court, which held that 18 U.S.C. § 1028A(a)(1), aggravated identity theft, is violated only when the...… Continue Reading The post Supreme Court Restricts the Scope of the Aggravated Identity Fraud Statute appeared first on Global Investigations & Compliance Review.

June 2023 | Blog