Newsletters

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."


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.


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 ...


07.21.16

“Official Acts”—What They Are… and Are Not

On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act” consists of a concrete decision or action taken with respect to a proceeding pending before a court, agency or committee, and that ...


06.16.16

False Claims Act: Supreme Court Decides Implied Certification Case

On June 16, 2016, the Supreme Court decided Universal Health Services v. U.S. ex rel. Escobar, holding that the implied false certification theory can be a basis for False Claims Act liability if a claim for payment makes specific representations about the services provided but fails to disclose ...


06.06.16

Eye on the Supreme Court—Corruption and Fraud Edition

This session, the Supreme Court has undertaken the review of numerous cases that raise thorny issues arising in the white collar context. In our last newsletter, we reported on the Court’s March 30, 2016 decision in Luis v. U.S. which held in a criminal healthcare case that the pretrial ...