• 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.

  • 11.01.16

    Supreme Court: What Constitutes an Insider Trading “Personal Benefit”

    On October 5, 2016, the Supreme Court heard oral argument in Salman v. United States, where the central issue was what the government needs to prove to establish a “personal benefit” to the insider tipper—one of the elements of insider trading liability.

  • 10.31.16

    DOJ to Investigate No-Poach and Wage-Fixing Agreements Criminally

    Human resources professionals beware. Conversations with others in your industry regarding employee pay, benefits and no-hire agreements could land you in jail.

  • 09.01.16

    The FCPA Pilot Program: A Tale of Two Cases

    This month, we review a recent Ninth Circuit case that allowed a qui tam relator’s action against various Medicare Advantage organizations to proceed, holding that the relator had adequately stated a “cognizable legal theory” of liability under the False Claims Act (FCA) in ...

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