Newsletters

01.25.18

DOJ Releases Guidance for Evaluating Dismissal of Qui Tams

A recent memo issued by the U.S. Department of Justice (DOJ) sets forth the issues it considers in deciding whether to seek the dismissal of qui tam cases filed by relators, and, although written for internal government use, provides guidance to defendants in arguing for such dismissal motions to ...


11.20.17

Insider Trading: Once More Into the Breach

On Aug. 23, 2017, the Second Circuit decided U.S. v. Martoma, in which the court affirmed a tippee’s conviction in an insider trading case based on the Supreme Court’s 2016 decision in Salman v. U.S. The Martoma opinion further eroded the Second Circuit’s own landmark 2014 ...


10.18.17

Supreme Court to Hear Important Whistleblower Case

Must an employee “whistleblower” specifically provide information about alleged corporate misconduct to the Securities and Exchange Commission (SEC) in order to get protection under the anti-retaliation provisions of Dodd-Frank?


07.31.17

Supreme Court Limits SEC’s Disgorgement Power

On June 5, 2017, the Supreme Court held in Kokesh v. SEC that the five-year statute of limitations found in 28 U. S. C. §2462 with respect to actions for civil monetary penalties applies equally to actions for disgorgement.


06.28.17

U.K. Court Finds No Privilege Protection for Internal Investigation

On May 8, 2017, a London High Court made a landmark ruling in favor of the Serious Fraud Office—England’s equivalent of the Fraud Section of the U.S. Department of Justice (DOJ)—in its quest to obtain documents prepared in an internal investigation that were claimed to be ...


05.30.17

Government Officials Pledge Continued White Collar Enforcement

Recent pronouncements by Attorney General Jeff Sessions, Acting Principal Deputy Assistant Attorney General Trevor N. McFadden and recently confirmed SEC chair Jay Clayton have provided assurances that the DOJ and SEC will continue to "vigorously enforce" white collar laws as a high ...


03.24.17

DOJ's New Guidance for Evaluating Corporate Compliance Programs

On February 8, 2017, the DOJ released, to little fanfare, a new guidance document entitled "Evaluation of Corporate Compliance Programs."


03.06.17

Criminal Immigration Enforcement vs. Employers: The New Normal?

On the 2016 website for then-Senator Jefferson Beauregard Sessions III, he announced that he was "committed to immigration reform that…curbs the unprecedented flow of immigration that is sapping the wages and job prospects of those living and working here today [and] an immigration ...


02.13.17

When Regulatory Failings Turn Criminal: Car Edition Redux

To paraphrase the famous quote from the film “All About Eve”: Fasten your seatbelts, it’s going to be a bumpy car ride. In the first part of January 2017, the automotive industry saw two high profile resolutions—with combined criminal and civil penalties exceeding $5 ...


12.22.16

Insider Trading: Supreme Court Affirms Salman

On December 6, 2016 the Supreme Court decided Salman v. U.S., in which it upheld the petitioner’s insider trading conviction.