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US Attorney General Opens Door to Criminal Prosecution of Private-Sector DEI Efforts

Corporations, associations, foundations, and institutions of higher education should be prepared for criminal, civil, and congressional inquiries. On February 5, 2025, newly confirmed US Attorney General Pam Bondi issued...more

Anticipating The New Congress' Private Sector Investigations

With Republicans claiming a new majority in the House of Representatives in the upcoming Congress, corporates and individuals should expect a sea change in Congress' investigative priorities and areas of focus. Recent...more

US Supreme Court Decisions in Presidential Subpoena Cases: Implications for Private Parties

The Court’s recent rulings on state grand jury and congressional subpoenas identify important limitations on the purpose and scope of these investigative tools. Key Points: ..In July 2020, the Court held that the...more

Caring for the CARES Act: The New Oversight and Investigations Landscape for COVID-19 Relief Programs

Economic aid legislation will likely result in increased scrutiny of certain industries, similar to investigations that followed relief efforts in the 2008 financial crisis. Key Points: ..The CARES Act creates multiple...more

Preparing for the New Investigative Priorities of the Next US Congress

Shift in control of the House of Representatives dramatically alters the focus of oversight and investigations through 2020. Key Points: ..The Democratic majority in the House of Representatives will significantly...more

Second Circuit Reinforces FCPA’s Jurisdictional Limits

Ruling holds that the government cannot use conspiracy and accomplice liability theories to reach foreign nationals that lack US ties. Key Points: ..Non-resident foreign nationals who are not otherwise subject to direct...more

Department of Justice Announces Review of Media Subpoena Policies

DOJ may revise policies on using investigatory tools to procure information about the media, with significant legal and business implications. Key Points: ..The review marks DOJ’s second significant evaluation of media...more

DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A Transactions

FCPA Opinion Release provides insight into the jurisdictional reach of the FCPA and the level of due diligence the DOJ expects. On November 7, 2014, the US Department of Justice (DOJ) issued its second and final...more

How to Protect Attorney-client Privilege in Internal Investigations

While attorney-client privilege can protect many internal documents, recent court decisions highlight the need to explicitly invoke this protection. As many US policies now require an increased level of internal...more

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