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Criminal Investigations Attorney-Client Privilege

A&O Shearman

French client-attorney privilege: threats on the horizon?

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On March 11, the Criminal Chamber of the French Supreme Court (Cour de cassation) handed down four rulings that drastically narrow the scope of French legal privilege. Under French law, when a dawn raid is carried out in a...more

Epstein Becker & Green

Even Privilege Logs Can Be Privileged Under the Fifth Amendment

Epstein Becker & Green on

On January 28, 2025, the U.S. Court of Appeals for the Ninth Circuit issued a significant ruling reinforcing the Fifth Amendment’s protection against self-incrimination and clarifying the attorney-client privilege in the...more

BCLP

Crime-Fraud Exception Destroys Privilege for Communications Between Former CEO of Public Company and His Outside Lawyer

BCLP on

On February 7, 2025, the Second Circuit ruled that the crime-fraud exception would prevent the  former CEO of a public company from invoking attorney-client privilege to prevent an outside lawyer and his law firm from...more

McGuireWoods LLP

Why Doesn’t the Crime-Fraud Exception More Frequently Swallow the Attorney-Client Privilege?

McGuireWoods LLP on

Criminal defendants accused of white-collar crimes often deal with lawyers before and even while engaged in their alleged criminal misconduct. All or most lawyers have the vague notion that the attorney-client privilege can...more

Paul Hastings LLP

Primary or Significant? The Impact of the Supreme Court’s Decision to Not Review Attorney-Client Privilege In Dual Purpose...

Paul Hastings LLP on

At some point in their careers, most in-house counsel will be asked about the application of the attorney-client privilege or work on matters in which they will have to become familiar and comfortable with the application of...more

Allen Matkins

SEC Demands That Covington & Burling "Name Names"

Allen Matkins on

Earlier this week, the United States Securities and Exchange Commission filed a complaint against one of the country's leading law firms - Covington & Burling LLP.  According to the complaint, "threat actors" associated with...more

Blake, Cassels & Graydon LLP

Collaboration à une enquête criminelle : qu’advient-il du secret professionnel suivant une divulgation à un corps de police?

On dira, à l’instar du Juge Tyndale, alors qu’il était à la Cour d’appel du Québec, « qu’un secret, une fois révélé, cesse de l’être ». Cet adage a longtemps été repris afin de soutenir le principe voulant qu’un secret...more

Jackson Lewis P.C.

U.S. Supreme Court to Clarify Scope of Attorney-Client Privilege Issue

Jackson Lewis P.C. on

The U.S. Supreme Court has agreed to review a case to clarify the scope of attorney-client privilege in the context of dual-purpose communications. In re: Grand Jury, No. 21-1397....more

Jenner & Block

Privilege Newsletter: United States Supreme Court to Review the Scope of the Attorney-Client Privilege

Jenner & Block on

On October 3, 2022, the U.S. Supreme Court granted review in a federal grand jury proceeding that may result in the Court expanding the scope of the attorney-client privilege for dual-purpose business communications....more

Oberheiden P.C.

Federal Grand Jury Indictment Defense Strategies

Oberheiden P.C. on

Federal criminal cases can broadly be divided into four phases: (i) the government’s investigation, (ii) grand jury proceedings, (iii) pretrial practice, and (iv) trial. The empanelment of a grand jury is a critical juncture,...more

Paul Hastings LLP

[Webinar] Recent Trends in the U.S. Department of Justice’s International Criminal Investigations - September 8th, 9:00 am - 10:00...

Paul Hastings LLP on

Discussion with two former senior prosecutors on how to handle cases involving Japanese multinational corporations - It is not unusual for the U.S. Department of Justice to investigate non-U.S. multinational corporations...more

WilmerHale

Access points: how to respond to raids by UK investigating authorities

WilmerHale on

Following recent media reports of raids conducted by the UK National Crime Agency (NCA) - including at domestic residences - as part of a Covid-linked fraud investigation, and visits by the UK Serious Fraud Office (SFO) to...more

Oberheiden P.C.

FDA Warning Letter Response Strategies (Step-By-Step)

Oberheiden P.C. on

FDA Warning letters can be harbinger of formal civil and criminal investigations. If your business receives such a notice of non-compliance from the FDA, you should immediately contact an experienced FDA defense attorney....more

Ballard Spahr LLP

As White Collar Action Ramps up in 2022, Where Does the Law Stand on Filter Teams?

Ballard Spahr LLP on

Summary - The law governing the use of “filter teams” is quickly evolving. Filter teams, which are utilized by the government to prevent materials protected by attorney-client privilege from being reviewed and/or produced...more

Holland & Knight LLP

Healthcare Law Update: October 2021

Holland & Knight LLP on

Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a...more

Oberheiden P.C.

Served with an FBI Subpoena? Here are 10 Questions You Need to Answer Now

Oberheiden P.C. on

As the nation’s chief domestic investigative agency, the Federal Bureau of Investigation (FBI) has substantial authority to collect information through a variety of different means. This includes utilizing subpoenas to compel...more

Vinson & Elkins LLP

Defending On All Sides: Common Discovery Perils In Parallel Civil And Criminal Cases

Vinson & Elkins LLP on

On March 11, 2021, the U.S. District Court for the Eastern District of New York granted a stay in the civil case brought by the Securities and Exchange Commission (“SEC”) against GPB Capital Holdings, LLC (“GPB Capital”),...more

Skadden, Arps, Slate, Meagher & Flom LLP

Transatlantic Approach on Corporate Cooperation: How Newly Issued French and UK Guidance Compare to US Practices

As widely anticipated, French and U.K. regulators recently published guidance detailing their expectations for corporate cooperation in enforcement investigations. Both sets of guidance demonstrate further alignment of those...more

Troutman Pepper Locke

Protecting Your Company From Increased Scrutiny After Release of ARCOS Opioid Data

Troutman Pepper Locke on

In July, The Washington Post published data showing approximately 76 billion oxycodone and hydrocodone pills were purchased and sold in the Unites States from 2006 to 2012. The data came from the Automation of Reports and...more

Jones Day

Japan Legal Update - Volume 46 | April 2019

Jones Day on

Japanese Cabinet Submits Bill to Amend Antimonopoly Act to Diet - On March 12, 2019, the Japanese Cabinet approved and submitted to the Diet a bill ("Bill") to amend the Act on Prohibition of Private Monopolization and...more

White & Case LLP

Bill to amend the Japan Anti-Monopoly Act and introduction of Attorney-Client Privilege to the Japan Fair Trade Commission's...

White & Case LLP on

The Cabinet of Japan submitted a bill (the "Bill") to amend the Anti-Monopoly Act (the "AMA") to the Diet on March 12, 2019. The Bill includes amendments to (i) the method for surcharge calculations, (ii) the leniency system...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Compliance Investigations in China Take On New Urgency

The ongoing trade tensions between the U.S. and China have caused some U.S. companies to become increasingly concerned that the Chinese authorities may subject their local operations to closer scrutiny, leading these...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - January 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more

Herbert Smith Freehills Kramer

UK Court of Appeal Extends Privilege in Internal Investigations

Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 - On Sept. 5, 2018, the Court of Appeal of England and Wales handed down a unanimous...more

K&L Gates LLP

Cross-border Investigations: When Are Documents Developed in the Course of an Internal Investigation Protected by Legal Privilege?

K&L Gates LLP on

Introduction - A recent decision by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) (“FCC”) has renewed important questions with respect to legal privilege, its varied conceptual and practical scopes and...more

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