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The Regulators Are at the Gates: Significant New AML Legislation Nears Passage
Patrick T. Campbell, Jonathan B. New and Francesca A. Rogo
Over the past few years, Congress and law enforcement have notably increased their scrutiny of companies’ anti-money laundering compliance, and it appears that Congress is not yet finished with its drive for additional legislation and regulation.
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Developments in Federal Whistleblowing Programs: What Compliance Officers Need to Know
Jonathan B. New, Patrick T. Campbell and Lauren Lyster
This article examines recent developments and trends concerning federal whistleblower programs that compliance officers need to know and provides best practices recommendations for ensuring that your company maintains a robust whistleblower and anti-retaliation program in light of increased whistleblower activity.
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Kate Monks
The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.
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Supreme Court Ties SEC’s Hands in Whistleblower Case
Janice G. Inman
With its decision in Digital Realty v. Somers, the U.S. Supreme Court dealt a blow to companies interested in learning of their own securities violations before the government gets the heads-up. The case’s outcome means whistleblowers who might have reported violations internally will be incentivized to bypass their own companies’ compliance mechanisms in favor of immediate reporting to the SEC.
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The Intellectual Property Strategist
Takeaways from the Swift End to Waymo v. Uber
Ross Todd
The details might not be quite as dramatic as they were in Waymo v. Uber, but lawyers expect trade secrets to continue to be a fertile source for litigation.
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The False Claims Act Seal: The DOJ's Position
Andrew W. Schilling and Megan E. Whitehill
Part Two of a Three-Part Article
Notwithstanding the absence of an explicit gag order in the statute, the DOJ takes the position that, even if the relator properly files the case under seal at the outset, that relator can later “breach the seal,” and be subject to judicial sanction, if he or she discloses the existence of the qui tam to others.
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The False Claims Act Seal: Does It Bind and Gag the Defendant?
Andrew W. Schilling and Megan E. Whitehill
Part One of a Two-Part Article
A company that finds itself the target of a federal fraud investigation often faces the fraught question of whether it may, or even must, disclose the existence of that investigation to third parties, such as its investors, shareholders, major creditors, or insurers. The question can be even more complicated if that investigation is being pursued under the False Claims Act and arises as the result of a sealed qui tam complaint.
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Matthew B. Schiff and Kathryn C. Nadro
SCOTUS Review of Dodd-Frank to Change the Landscape
In June, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers, to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.
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Follow Up on False Claims Act Actions
Jacqueline C. Wolff and Benjamin J. Wolfert
The authors discuss several steps to take in order to avoid the pitfalls that could accompany lengthy exposure vis-à-vis state false claims actions.
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Matthew B. Schiff and Kathryn C. Nadro
Scotus Review of Dodd-Frank to Change the Landscape
On June 26, 2017, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers, to review a U.S. Court of Appeals for the Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.
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