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HTMLShuffleboard, Early Bird Specials, and . . . Whistleblowing?
Jessica W. Catlow; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 4, 2014, previously published on August 1, 2014
When most employers hear the word “whistleblower,” they think of their current employees and various anti-retaliation laws; however, under the SEC’s “Whistleblower Program,” the “whistleblower” may be a current or former employee. Indeed, as reported...


HTMLThe Case for an International Anti-Corruption Court
James Maton; Edwards Wildman Palmer LLP;
Legal Alert/Article
July 29, 2014, previously published on July 21, 2014
The lack of political will is undoubtedly the biggest obstacle to investigating and prosecuting corruption and to bringing proceedings to recover the proceeds of corruption. All other obstacles are secondary.


HTMLDeferred Prosecution Agreements: the US Experience and the UK Potential
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 14, 2014
Deferred Prosecution Agreements (DPAs) have been used in the US for over 20 years. The UK has recently brought into force the laws allowing certain prosecuting authorities to use them. In this article, Stephen Hill and Emma Radmore from Dentons look at the history and features of DPAs, given the US...


HTMLFedEx Indictment: Government Seeks to Outsource Criminal Enforcement
Brianna L. Abrams, Nicholas M. Gess, Nathan J. Hochman; Bingham McCutchen LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
On July 17, 2014, a federal grand jury in San Francisco returned a 15-count indictment charging FedEx with crimes for allegedly failing to heed warning signs that illegal Internet pharmacies were using FedEx facilities to ship drugs to consumers. United States v. FedEx Corporation, et al.,...


Adobe PDFFive Years Later, No Criminals?
Bernstein Litowitz Berger Grossmann LLP;
Legal Alert/Article
July 24, 2014, previously published on Summer 2014
Judge Jed S. Rakoff recently delivered a powerful speech at the New York City Bar Association addressing corporate accountability after the 2008 financial crisis. The number of high-level executives criminally prosecuted for fraud related to the crisis is zero. Even though the U.S. federal...


HTMLThe Federal Victim-Witness Act
Alex V. Hernandez; Pullman & Comley, LLC;
Legal Alert/Article
July 22, 2014, previously published on July 1, 2014
If you or someone you know has been the victim of a crime, or if you have been called to testify before a federal grand jury or trial, you may have questions about what you can expect as a case works its way through the system. This post will answer some of the most frequently asked questions...


Adobe PDFAppeals Court Confirms that Results of Internal Investigation are Privileged
Joshua A. Goldberg, Erik Haas, Deirdre A. McEvoy, Daniel S. Ruzumna, Harry Sandick; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
July 17, 2014, previously published on July 2014
On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client privilege to corporations within the business setting as set forth by the...


Adobe PDFFDA Promises Guidance on Lawful Off-Label Promotion
Michael F. Buchanan, William F. Cavanaugh, Joshua A. Goldberg, Erik Haas, Daniel S. Ruzumna; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
July 17, 2014, previously published on June 2014
Earlier this month, the U.S. Food and Drug Administration (the “FDA”) announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The healthcare industry has heralded this announcement as a...


Adobe PDFIRS Modifies Offshore Voluntary Disclosure Program and Streamlined Filing Compliance Procedures
Scott D. Michel, Zhanna A. Ziering; Caplin & Drysdale, Chartered;
Legal Alert/Article
July 9, 2014, previously published on June 23, 2014
On June 18, 2014, the IRS unveiled significant changes to both Offshore Voluntary Disclosure Program (OVDP) and Streamlined Filing Compliance Procedures (SFCP). The changes both relax the penalty structure for non-willful behavior but increase it soon for account holders at certain banks. The...


HTMLUS Securities and Exchange Commission Settles Its First Whistleblower Anti-Retaliation Case
Marcus A. Christian, Adam D. Kanter, Stephanie M. Monaco, Jerome J. Roche, Richard M. Rosenfeld; Mayer Brown LLP;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
The US Securities and Exchange Commission (SEC or the Commission) has announced a $2.2 million settlement in the Commission’s first whistleblower anti-retaliation case. As part of the settlement order, the SEC charged Paradigm Capital Management, Inc., a registered investment adviser, and...


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