News & Analysis as of

Confidential Information Corporate Misconduct

BCLP

Proceed at Your Own Risk: Steps to Protect Confidential Information and Public Disclosures

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Public companies regularly face challenges in protecting confidential information relating to material announcements of corporate developments as well as financial results and other events. For example, recently, the U.S....more

Proskauer - Trade Secrets

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

A nearly decade-long legal battle in the U.S. District Court for the Northern District of Illinois recently concluded with a significant jury verdict, underscoring the potentially severe consequences of trade secret theft...more

Benesch

Insulet Corp. May Have to Choose Between $452 Million Jury Award or Permanently Blocking Competitor From Utilizing Its Trade...

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After receiving a jury verdict awarding $452 million in damages against a rival company for misappropriation of trade secrets, the prevailing party, Insulet Corp., may have to choose between portions of the damages award or...more

Cooley LLP

Law of Privilege: ‘Shareholder Rule’ Held to Be Unjustifiable

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In its decision last year in Aabar Holdings SARL v. Glencore PLC & Others, the High Court handed down a landmark ruling overturning the ‘shareholder rule’, which has been applied to the analysis of legal professional...more

Sheppard Mullin Richter & Hampton LLP

Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret...

A recent federal district court ruling serves as an important reminder that a former employee may be held liable for trade secret misappropriation even if the alleged trade secrets are not physically or electronically taken...more

Proskauer - Trade Secrets

Jury Awards $452 Million After Trade Secrets Trial

On December 3, 2024, a U.S District Court for the District of Massachusetts jury awarded Plaintiff Insulet Corporation $452 million in compensatory and punitive damages after finding Defendants willfully misappropriated...more

Foley & Lardner LLP

Does Your Company Discourage Employees from Being Whistleblowers? The SEC May Think So!

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The Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in response to the 2008 financial crisis, added protections for whistleblower activity to the Securities Exchange Act of 1934 (“Exchange...more

Alston & Bird

Collaborating Effectively Within Your Organization During Internal Investigations

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Our White Collar, Government & Internal Investigations Team offers effective and actionable best practices for companies to follow in conducting their internal investigations....more

A&O Shearman

Germany: Immediate dismissal of board member for email forwarding to personal account

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During an investigation, it is not uncommon to discover that an individual has forwarded business emails to their private email address. This ruling from the Higher Regional Court Munich shows the potential implications of...more

Conn Kavanaugh

When Collusion Proves Costly: A Cautionary Tale on Potential Penalties for 93A Violations

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What happens when an individual, to benefit their own employer, solicits confidential corporate information held by a spouse or partner? A damages award in the several millions may be the result. In BioPoint, Inc. v....more

Zuckerman Spaeder LLP

General Counsels Beware: Assume That Anything Can Go Viral in the #MeToo Era

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In March 2023, at the American Bar Association’s White Collar Crime Institute in Miami, Gary S. Lincenberg moderated a panel of general counsels. The panel covered a range of different issues; this post focuses on the...more

Lowenstein Sandler LLP

Effective and Efficient Pre-Transaction FCPA Diligence: How to Leverage Compliance and ESG to Avoid Buyer’s Remorse and Other...

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The arduous process of FCPA compliance requires risk teams to digest and cross-reference a morass of information – from internal data analysis to human representatives collecting interviews on the ground. Diligence failures...more

Society of Corporate Compliance and Ethics...

[Event] Internal Investigations Compliance Workshop - July 19th - 21st, Lake Buena Vista, FL

Get the training you need to conduct internal investigations - The SCCE Internal Investigations Workshop provides two days of focused training on conducting compliance-related internal investigations. Attendees also have...more

Troutman Pepper Locke

Seven Steps to Address Trade Secret Misappropriation by Whistleblowers

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“The immunity provision of the Defend Trade Secrets Act creates serious risk for companies: A whistleblower could expose a company to civil and criminal penalties stemming from the company’s alleged misconduct and...more

Esquire Deposition Solutions, LLC

4 Steps Attorneys Should Take to Ensure Privacy & Security in Whistleblower Cases

Whistleblowers perform an essential public service in keeping companies and government honest. Unfortunately, in revealing misconduct or illegal acts, they also put themselves at risk of retaliation for the role they play....more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: Michael Horowitz, Inspector General at the Department of Justice, on Conducting High Profile Internal...

In Part 2 of this two-part podcast Michael Horowitz addresses issues that would look familiar to any compliance officer who is familiar with investigations: - Determining who should be included in the investigations -...more

Hogan Lovells

Global Accountants’ Liability Update - October 2019

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The Netherlands - Breach of an accountant’s duty of care does not always lead to civil liability - In the period of 2001-2002, two accountants drafted a company’s financial statements at the request of the owner who...more

Society of Corporate Compliance and Ethics...

[Event] Internal Investigations Workshop - January 22 - 24, San Francisco, CA

The SCCE Internal Investigations Workshop provides two days of focused training on conducting compliance-related internal investigations, the domestic workshops also offer an optional third day post conference. Learn from...more

Polsinelli

Protected Activity or Terminable Misconduct? — Government Contractor Update

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It has become almost routine for employees pursuing whistleblower and other employment-related claims against their employer to engage in "self-help discovery," using their access to files and databases to collect and gather,...more

Farella Braun + Martel LLP

Individual Accountability in the Huawei Trade Secrets Prosecution

In the ongoing legal battle over the alleged theft of American trade secrets by Chinese telecom giant Huawei, one curious aspect is the lack of charges filed against any individual Huawei employees. On February 28, Huawei...more

Proskauer - Whistleblower Defense

Sixth Circuit Declines to Address the Definition of Dodd Frank “Whistleblower”

On January 13, 2017, the Sixth Circuit in Verble v. Morgan Stanley Smith Barney, LLC, declined an opportunity to be the third federal appellate court to address the definition of “whistleblower” under Dodd Frank’s...more

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