• 12.07.15

    White Collar Enforcement Omnibus Edition—Cyber Crimes, Sanctions and Spoofing, Oh My!

    Since our last newsletter, a lot has been going on in white collar enforcement… so much so that we decided to devote an entire newsletter to it.

  • 10.22.15

    "Wherefore Art Thou Due Process?" Part III

    It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's "in-house" administrative proceedings.

  • 09.21.15

    New DOJ Policy Alert: Here's Looking at You, Kid

    On September 9, 2015, Deputy Attorney General Sally Quillian Yates issued a memo to all DOJ department heads and U.S. Attorneys which detailed the Government's new policy centered on accountability for the individuals who are alleged to have perpetrated corporate misconduct.

  • 09.08.15

    No Dog Days of August for the SEC—a Recap of A Busy Month

    Who says there is a government slowdown in August?

  • 08.05.15

    Are the Circuits A-Splitting?

    On July 6, 2015, the Ninth Circuit in U.S. v. Salman declined to adopt a narrow interpretation, arguably set by the Second Circuit in U.S. v. Newman in 2014, of the "personal benefit" element of insider trading cases.

  • 06.30.15

    The Unfolding FIFA Scandal: Will the DOJ Show the Banks a Red Card?

    The worldwide soccer community has for years decried the brazen corruption that permeated FIFA, international soccer’s governing organization, but FIFA remained seemingly impervious . . . until now.

  • 05.29.15

    It’s an Absolute Privilege to Meet You!

    On May 15, 2015, the Texas Supreme Court ruled that an internal investigation report provided by Shell Oil Company to the DOJ in 2009 in connection with an FCPA investigation enjoys “absolute privilege” and therefore cannot be the basis for a defamation case against the company.

  • 04.21.15

    It’s Stifling in Here!

    On April 1, 2015, the SEC announced its first-ever enforcement action against a company for using restrictive language in confidentiality agreements with witnesses interviewed during internal investigations that has the potential to improperly stifle whistleblowers and impede the whistleblowing ...

  • 03.19.15

    The SEC’s Settlement with Goodyear: A Cautionary Tale

    In a settlement announced on February 24, 2015, the SEC found Goodyear to be in violation of the FCPA in connection with bribes paid by two foreign subsidiaries, one of which came into Goodyear’s ownership through acquisition.

  • 07.24.14

    Southern District Opinion Allows Seizure of Emails From Host Provider

    A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple without having to establish probable cause that all the emails seized ...

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