In the Courts
An in-depth look at a recent case involving insider trading.
Expert Testimony on Industry Practice
Recently, the Second Circuit held that expert testimony regarding how a "specialized securities market" operated was relevant and potentially "highly" probative of the question of whether the defendant's misstatements to investors were material. Because juries are tasked with determining materiality, the notion that experts can opine on overarching industry practice that is not case-specific appears surprising.
They're With Us!
Recently, faced with pressure to increase efficiency, companies have increased their dependence on outside entities to complete tasks that were once reserved for in-house employees. How does this affect the attorney-client privilege?
In the Courts
In-depth discussion of a Seventh Circuit ruling in which a military government Contractor's FCA summary judgment was upheld for lack of materiality and knowledge.
When FCPA Charges Break the Mold
Normally, when a violation of the FCPA comes to mind, it looks a lot like this: A company, due to either corrupt intent or maybe just poor compliance practices, pays off a foreign official in return for some sort of business benefit. It's true that this is often how FCPA cases come to be, but not always.
The Yates Memo, Corporate Cooperation and Attorney-Client Privilege
Last year, DOJ Deputy Attorney General Sally Q. Yates issued "Individual Accountability for Corporate Wrongdoing" (the "Yates Memo"). It announced the DOJ's corporate cooperation policy requiring disclosure of "all relevant facts about individual[s]" before the DOJ will consider awarding the company any credit for cooperation. Does this change corporate privilege?
Business Crimes Hotline
On Dec. 4, 2015, the DOJ announced that 16 additional FIFA officials have been implicated in the widespread, 24-year soccer corruption scandal.
