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In May 2018, the Department of Justice (DOJ) announced a new policy to address a growing problem in white-collar criminal and civil enforcement. With increased frequency, law enforcement investigations of financial institutions and multinational corporations involve cooperation and information-sharing among governments, as well as among U.S. federal, state and local agencies. As Steven R. Peikin, co-director of the U.S. Securities and Exchange Commission’s (SEC) Division of Enforcement, observed in a speech in November 2017: “The level of cooperation and coordination among regulators and law enforcement worldwide is on a sharply upward trajectory.” As a result, companies have faced multiple — and often duplicative — penalties in numerous jurisdictions, particularly in the area of anticorruption enforcement.
By Robert J. Anello and Justin Roller
Part One of a Two-Part Article
What was once perceived as a straightforward limitation on the government’s significant enforcement powers has become obscured by statutes and court interpretations that tend to elongate the period for the government to act in ways that often are not transparent to even experienced criminal practitioners.
By Robert J. Stearn, Jr., Cory D. Kandestin and Christopher M. De Lillo
Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware
Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?
By Sue Reisinger
Here’s a sure way to lose half your cooperation credit in a federal investigation: Let your in-house counsel advise employees not to cooperate with U.S. prosecutors.
By Colleen Snow
3M Settles False Claims Act Lawsuit over Defective Military Earplugs