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Global Investigations & Compliance Review

Friends Now, Foes Later – Written JDAs Are Critical to Protecting Clients in Multidefendant Investigations and Criminal Actions

Multi-defendant criminal investigations present a classic prisoner’s dilemma.  The parties would benefit from cooperating with one another but are incented to become adversaries, most often due to a lack of information sharing and resultant lack of trust and transparency.  Fortunately, the law provides a tool:  the common-interest privilege, which enables parties to share information in...… Continue Reading The post Friends Now, Foes Later – Written JDAs Are Critical to Protecting Clients in Multidefendant Investigations and Criminal Actions appeared first on Global Investigations & Compliance Review.

March 2025 | Blog

Video

The 2024 Revolution in Administrative Law: Chevron and Beyond

July 2024 | Americas

Publication

Last But Not Least: The Supreme Court Ends This Term’s Historic Revolution in Administrative Law by Clarifying Statute of Limitations for Challenges to Federal Regulations

July 2024 | Americas

Global Investigations & Compliance Review

The SDNY Whistleblower Pilot Program Within the Framework of Corporate Criminal Enforcement

The United States Attorney’s Office for the Southern District of New York recently announced a policy—called the “SDNY Whistleblower Pilot Program”—that seeks to encourage individuals to voluntarily disclose financial crimes in which they themselves participated. First unveiled in January 2024 and then revised this month, the policy sets forth the circumstances under which SDNY says...… Continue Reading The post The SDNY Whistleblower Pilot Program Within the Framework of Corporate Criminal Enforcement 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

Supreme Court Clarifies Knowledge Requirement for False Claims Act Liability

Earlier this year, we previewed two significant False Claims Act (FCA) cases before the U.S. Supreme Court, United States ex. rel. Schutte v. SuperValu, Inc., No. 21-1326 (“SuperValu”), and United States ex. Rel. Proctor v. Safeway, Inc., No. 22-111 (“Safeway”).  The FCA provides that “any person who knowingly presents, or causes to be presented, a...… Continue Reading The post Supreme Court Clarifies Knowledge Requirement for False Claims Act Liability appeared first on Global Investigations & Compliance Review.

June 2023 | Blog

Global Investigations & Compliance Review

Can a Private Person Defraud the Public of Honest Services?

Last month in Percoco v. United States (U.S. May 11, 2023), the Supreme Court reversed the petitioner’s judgment of conviction for conspiracy to commit honest-services wire fraud for allegedly accepting $70,000 from a developer in return for asking a state agency to drop its labor peace agreement requirement. Joseph Percoco had previously served as Executive...… Continue Reading The post Can a Private Person Defraud the Public of Honest Services? appeared first on Global Investigations & Compliance Review.

June 2023 | Blog

Global Investigations & Compliance Review

Investigations Involving Alleged Redlining

Perhaps the signature initiative of the Department of Justice’s Civil Rights Division under the current Administration has been its Combatting Redlining Initiative. By “redlining,” the Department means that a lender has avoided providing access to home mortgage loans to homeowners and prospective homeowners in majority-minority census tracts, in violation of the Fair Housing and Equal...… Continue Reading The post Investigations Involving Alleged Redlining appeared first on Global Investigations & Compliance Review.

May 2023 | Blog

Sixth Circuit Appellate

Virtues of restraint in federal appellate brief writing

Nearly a decade ago, in an opinion by Judge Kethledge, the Sixth Circuit set forth “good reasons not to call an opponent’s argument ‘ridiculous.’” Bennett v. State Farm Mut. Auto. Ins. Co., 731 F.3d 584 (6th Cir. 2013). These included “civility; the near-certainty that overstatement will only push the reader away …; and that, even...… Continue Reading The post Virtues of restraint in federal appellate brief writing appeared first on Sixth Circuit Appellate Blog.

May 2023 | Blog

Global Investigations & Compliance Review

Does the Recent Attempt by Congressional GOP to Overturn Labor ESG Rule Portend Congressional Scrutiny of Progressive Corporate Policies?

Our colleagues at Capital Thinking have been monitoring this week’s veto by President Biden of a Republican-led effort to overturn a Department of Labor rule on environmental, social, and governance (ESG) guidelines for retirement accounts.  Given the topic, and how it may potentially lead to House and Senate investigations on ESG initiatives or other corporate initiatives,...… Continue Reading The post Does the Recent Attempt by Congressional GOP to Overturn Labor ESG Rule Portend Congressional Scrutiny of Progressive Corporate Policies? appeared first on Global Investigations & Compliance Review.

March 2023 | Blog

Global Investigations & Compliance Review

DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney’s Offices

On February 22, 2023, the Department of Justice (“DOJ”) announced the new United States Attorneys’ Offices Voluntary Self-Disclosure Policy (“VSD Policy”).  Following on the heels of the Criminal Division’s revised Corporate Enforcement Policy, the VSD Policy was also developed in response to the “Monaco Memo,” which directed each component of the DOJ that prosecutes corporate...… Continue Reading The post DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney’s Offices appeared first on Global Investigations & Compliance Review.

February 2023 | Blog

Global Investigations & Compliance Review

DOJ FCPA Unit Officials’ Take on 2022

In an onstage interview at the American Conference Institute’s 39th International Conference on the Foreign Corrupt Practices Act David Last, Chief of the FCPA Unit of Department of Justice, Criminal Division, Fraud Section, and David Fuhr, the Unit’s Assistant Chief, reflected on the year’s most pressing enforcement issues. Acknowledging that 2022 had been difficult for DOJ’s...… Continue Reading The post DOJ FCPA Unit Officials’ Take on 2022 appeared first on Global Investigations & Compliance Review.

December 2022 | Blog