On August 13, 2020, the Supreme Court of California issued its decision in Facebook, Inc. v. Superior Court (Lance Touchstone), S245203, which examines the enforceability of third-party subpoenas issued by criminal defendants in California.
Earlier this week, on June 1, the Department of Justice published its latest version of “Evaluation of Corporate Compliance Programs.”
Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators’ FCA cases, other relators may find themselves on the other side of a government motion to dismiss.
On November 29, 2018, Deputy Attorney General Rod Rosenstein announced revisions to U.S. Department of Justice (DOJ) policies that expand prosecutors’ discretion in awarding cooperation credit to companies facing criminal or civil investigations.
Over the years, the Foreign Corrupt Practices Act of 1977 (FCPA) has expanded beyond U.S. issuers and domestic concerns to cover foreign companies and foreign individuals.
In a speech on May 9, 2018, Deputy Attorney General Rod Rosenstein announced another policy shift at the Department of Justice (DOJ), signaling that corporate accountability will be tempered by a coordinated multiagency approach to resolving cases, with the goal of avoiding “piling on” ...
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 ...
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 ...
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?
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.