Podcast - “I Lied Like a Dog!”
Sittenfeld v. United States – Campaign Contributions as Crimes?
Podcast - Persistence and Determination
Episode 377 -- Refocusing Due Diligence on Cartels and TCOs
10 For 10: Top Compliance Stories For the Week Ending, July 12, 2025
RICO Section 1962(b): Acquisition or Maintenance of Control Over Legitimate Enterprises — RICO Report Podcast
Podcast - The Seeds of Corruption
False Claims Act Insights - Bitter Pills: DOJ Targets Pharmacies for FCA Enforcement
Episode 374 -- Justice Department Resumes FCPA Enforcement with New, Focused Guidance
Daily Compliance News: June 16, 2025, The Golden Share Edition
The JustPod: Defending the "Evil Genius:" A Conversation with Leonard Ambrose
The Presumption of Innocence Podcast: Episode 62 - The Tragic Toll of Conspiracy Theories: The Seth Rich Story
SBR-Author’s Podcast: The Unseen Life of an Undercover Agent: A Conversation with Charlie Spillers
Podcast - "Ready for Trial?"
Podcast - The Law as a Force for Change
The JustPod: A Discussion with Defense Counsel Rocco Cipparone and Angie Levy on January 6 Prosecutions
False Claims Act Insights - Trump DOJ Sharpens Its Focus on Healthcare Fraud
The JustPod: A murder-for-hire allegation, public corruption trial, and notable acquittal
Podcast - Every Case Is a New World
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
How often do we assume a victim controls the trajectory of a criminal case? In reality, although a victim may initiate the criminal complaint, their control ends there. Once the complaint is in the hands of the prosecuting...more
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
On Feb. 7, 2025, the U.S. Court of Appeals for the Second Circuit in In re Two Grand Jury Subpoenas Dated Sept. 13, 2023 affirmed the Southern District of New York’s order compelling a partner at a law firm and the firm to...more
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
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
Is it too late to correct past FBARs and file amended returns with the IRS? The net is closing in on U.S. taxpayers with unreported or under-reported domestic and offshore income and assets. The IRS has increased audits in...more
In the last several months, the Antitrust Division of the U.S. Department of Justice has been issuing increasingly ominous warnings to companies and executives about the consequences of not preserving ephemeral messaging and...more
Below is a summary of some of the most important points made by antitrust enforcers who participated in panels at the ABA Antitrust Section’s annual Spring Meeting....more
Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more
On January 16, 2023, France’s financial prosecutor, the “Parquet National Financier” (PNF), issued updated guidance (the Guidelines) regarding its approach to offering, negotiating and entering into French deferred...more
The U.S. Supreme Court heard oral arguments on Jan. 9, 2023, in the In re Grand Jury case. Despite the nondescript title, the stakes in the case are stratospheric for the future of the attorney-client privilege....more
On July 25, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced insider trading charges against ten individual defendants across four separate cases (Bhardwaj, Goel, Markin, and Buyer), filed in the...more
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
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
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
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
On 1 June 2020, the High Court found that, by using references to their lawyers’ legal advice in support of its case that the transactions that formed the subject matter of the application were lawful, a bank had waived...more
The Development: Mexico's antitrust authority, the Comisión Federal de Competencia Económica ("COFECE"), released guidelines that recognize the attorney-client privilege in antitrust investigations. Background: Mexican law...more
France is aligning itself with the US model of corporate prosecution - The new guidelines released by both the French Anticorruption Agency ("AFA") and the National Financial Prosecution Office ("PNF") on 27 June, 2019...more
Richard A. Powers has recently joined the Department of Justice (DOJ) Antitrust Division as the acting deputy assistant attorney general (DAAG) for criminal enforcement and is expected to take on the role permanently. This is...more
Even public companies with a strong code of conduct, an exemplary tone at the top, robust internal controls, and a culture of compliance may face allegations of misconduct that can lead to an investigation by the Division of...more
On October 30, 2017, Chief Judge Beryl A. Howell of the United States District Court for the District of Columbia unsealed an order granting the Office of the Special Counsel’s (“SCO”) motion to compel the former counsel...more
One of the ways that our Association engages in advocacy on behalf of the legal profession is through amicus briefs. One of our members, Jessica McElfresh, was charged, along with a client, of various felonies under...more
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more