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For companies suspected of wrongdoing, cooperating with Department of Justice (DOJ) investigations and self-disclosing their misconduct often appears to be their only option to avoid prosecution and reduce large financial penalties. But, these benefits often come at a price, especially to company employees who are caught in the middle. To gain cooperation credit for voluntary self-disclosure, companies are expected to identify all relevant facts relating to the individuals responsible for the alleged misconduct. And as part of demonstrating their cooperation to the government, companies often pressure their employees to submit to interviews, including with DOJ, or risk losing their jobs and/or indemnification of legal fees. Such scenarios, which have become prevalent in today’s corporate enforcement environment, place employees “between the rock and the whirlpool” by arguably coercing their testimony and infringing on their constitutional right against self-incrimination. See, Garrity v. New Jersey, 385 U.S. 493, 498 (1967).
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Using Artificial Intelligence In White-Collar Matters
By Robert G. Heim
AI currently is playing a growing role in helping white-collar lawyers and their clients analyze vast amounts of data to uncover insights, connections, and patterns that would be impossible to detect through manual reviews. This article provides an introduction to AI technology and discusses the key regulatory developments practitioners should be aware of as they advise their clients on AI.
Waiver of Corporate Privilege By An Individual Defendant
By Benjamin Rosenberg
Individual employees often act pursuant to advice from their in-house counsel. If named as a defendant in which her action is challenged, the employee may want to assert advice of corporate counsel as a defense. But the privilege belongs to the employer, not the employee, and the employer may refuse to waive the privilege. Can the court abrogate the employer’s privilege over the objection of the employer, and if so under what circumstances?
White-Collar Enforcement Under the Biden Administration
By Nate Robson
After much saber-rattling, the Biden administration’s focus on white-collar corporate compliance is finally coming into focus. Law firms and white-collar compliance experts have long warned the administration’s ramped-up focus was coming, but the pandemic largely nixed any initiatives. A spate of recent settlements coupled with the addition of a new white-collar leader at the U.S. Department of Justice is giving the public a look into what compliance will look like under Biden.
Efforts to Provide Out-of-State Abortion Travel Benefits Face Rapidly Shifting Legal Landscape
By Jessica Mach
Employment attorneys say the breadth of new state laws — and the pace at which they are going into effect — means in-house counsel at companies trying to create workarounds for employees in states with restrictive abortion laws by providing benefits that would allow them to travel out-of-state to access abortion services will need to be on high alert, since keeping up on top of the laws will be key to limiting their exposure to litigation — or even criminal penalties.
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