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HTMLPredictive Coding Slowly Becoming a Game Changer
Rachael Lewis Anna; Nexsen Pruet, LLC;
Legal Alert/Article
January 19, 2015, previously published on December 18, 2014
In 2012, Magistrate Judge Andrew Peck of the Southern District of New York approved the use of predictive coding (also called “technology assisted review” or “TAR”) in Da Silva Moore v. Publicis Groupe to search for relevant information. Predictive coding enables attorneys...

 

HTMLRecord-High $5.7 Billion Recovery in 2014 for US False Claims Act Cases—Health Care Fraud Recoveries More Than $2 Billion for Fifth Straight Year
Laura R. Hammargren, Michael Martinez, William Michael Jr.; Mayer Brown LLP;
Legal Alert/Article
January 12, 2015, previously published on December 2, 2014
The US Department of Justice (DOJ) reported in late November that it recovered a record $5.69 billion from settlements and judgments in civil False Claims Act (FCA) cases in fiscal year 2014. This marks the first time that recoveries have exceeded $5 billion, and brings the total recoveries since...

 

HTMLMassachusetts High Court Compels Decryption of Computer Files
William G. Cosmas; Sally & Fitch LLP;
Legal Alert/Article
January 10, 2015, previously published on November 20, 2014
Television crime dramas - and televised congressional testimony - have made "taking the Fifth" part of our collective civic consciousness. The Fifth Amendment to the Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself,"...

 

HTMLThe Justice Department’s New Policy on Waiving Claims of Ineffective Counsel; What it Means for Carolina Courts
Mark Carroll Moore; Nexsen Pruet, LLC;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
Recognizing that the “right to effective assistance of counsel is a core value” of our justice system, Deputy Attorney General James Cole issued a memo to federal prosecutors instructing them that they should no longer enter into plea agreements requiring that defendants waive their...

 

HTMLSEC’s Increased Use of Administrative Proceedings Draws Criticism and Legal Challenges
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 12, 2014
The SEC’s plan to bring more enforcement actions as administrative proceedings before its own administrative law judges rather than in the federal district courts - even in insider trading cases - has been drawing increasing criticism and legal challenges. Most recently, Judge Jed Rakoff of...

 

HTMLThe High Cost of Whistleblowing
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
In a number of recent posts, we have highlighted the SEC’s whistleblower program, which offers awards of 10%-30% of the money collected where a whistleblower provides high-quality, original information that results in an SEC enforcement action with sanctions exceeding $1 million.

 

HTMLThe Justice Department’s New Policy on Waiving Claims of Ineffective Counsel; What it Means for Carolina Courts
Mark Carroll Moore; Nexsen Pruet, LLC;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
Recognizing that the “right to effective assistance of counsel is a core value” of our justice system, Deputy Attorney General James Cole issued a memo to federal prosecutors instructing them that they should no longer enter into plea agreements requiring that defendants waive their...

 

HTMLCourt Decisions in the U.S. and China Bolster Law Enforcement’s Ability to Prosecute Global Corporate Corruption
Rither Alabre, Mayling C. Blanco, Carlos F. Ortiz, Shawn M. Wright; Blank Rome LLP;
Legal Alert/Article
October 28, 2014, previously published on October 2014
Call to Action: Given the aggressive anti-corruption investigations in the U.S. and abroad, companies are well advised to adequately develop and implement a robust compliance program, including substantial internal controls, and conduct a thorough risk analysis as they begin or continue operating...

 

HTMLSEC Announces Enforcement Initiative Against Corporate Insiders for Violations of Reporting Requirements
Daniel N. Budofsky, Barry N. Hurwitz, David I. Miller; Bingham McCutchen LLP;
Legal Alert/Article
September 25, 2014, previously published on September 15, 2014
On September 10, 2014, the Securities and Exchange Commission (SEC) announced a series of enforcement actions against 28 officers, directors, and major shareholders — so-called “insiders” — for failure to file timely reports under Sections 16(a), 13(d) and 13(g) of the...

 

HTMLQuebec Lawyer Charged in Connection with SNC-Lavalin Corruption Investigation
Wendy Berman, Jonathan Wansbrough; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 12, 2014
On September 10, 2014, the RCMP announced that it has laid charges of extortion and obstructing justice against a Canadian tax lawyer, arising from allegations that he induced or attempted to induce an individual, already charged with violating Canada’s foreign corrupt practices regime, by...

 


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