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Amidst the COVID-19 pandemic, federal whistleblower programs continue to receive thousands of tips and issue millions in awards. The Securities and Exchange Commission’s (SEC) whistleblower program remains very active and over the past year, has awarded its highest whistleblower awards ever. A new Chairman and recent rule changes may lead to even more activity under the SEC’s program. The Commodity Futures Trading Commission’s (CFTC) whistleblower program, while not as extensive as the SEC’s program, may see an uptick in activity if recent proposed legislation is passed. The government’s False Claims Act (FCA) enforcement continues to be driven by whistleblower reports and COVID-19 related fraud may lead to substantial increases in FCA tips going forward.
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By David P. Saunders
Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
By Elkan Abramowitz and Jonathan S. Sack
This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.
By Robert J. Anello and Richard F. Albert
The Van Buren decision fits into a pattern of the court’s modern criminal law jurisprudence that appears motivated by concerns about the ever-expanding reach and severity of federal criminal law.
By Emil Sayegh
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.