The Foreign Corrupt Practices Act’s One-Year “Pilot Program” Nears The Halfway Mark

By James P. Melendres and Cody C. Bourke The Foreign Corrupt Practices Act (“FCPA”) prohibits both United States and foreign corporations and nationals from offering or paying, or authorizing the offer or payment, of anything of value to a foreign … Continue reading

By: and Comments Off | Topics: DOJ, FCPA

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Corporate Miranda: A Tale of Two Cases

by Joe Adams An internal investigation is an important way for corporations to address allegations of wrongdoing and other serious issues. If conducted under the supervision of counsel, an investigation can allow companies to review significant issues under the protections … Continue reading

By: Comments Off | Topics: corporate Miranda, fourth circuit, ninth circuit

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The False Claim Act’s “Demanding” Materiality Requirement

By James Melendres and Seth Goertz “The materiality standard is demanding.”  So said the Supreme Court on June 16, 2016, in Universal Health Services, Inc. v. United States ex rel. Escobar (“Escobar”), a decision that potentially limits liability under the False Claims … Continue reading

By: and Comments Off | Topics: False Claims Act

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The Yates Memo, Ten Months Later: What We Know and What To Do

By Aaron Martin and James Melendres Although the Yates Memo is now ten months old, senior executives and in-house counsel still do not have clarity about how the Department of Justice (“DOJ”) will apply the Memo’s principles to corporate investigations.  On … Continue reading

By: and Comments Off | Topics: Antitrust, DOJ, Yates Memo

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The Investigation of Secretary Clinton’s Email Server: A Question of Intent

By James Melendres Last Tuesday, FBI Director James Comey publicly announced that he would not recommend charges in connection with the FBI’s investigation of Secretary Clinton’s private email server and testified two days later before the House oversight committee about … Continue reading

By: Comments Off | Topics: FBI, Investigation

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Under the Antitrust Microscope: Steps to avoid increasing scrutiny and penalties

By Jeremy Stewart Article originally appearing in Utah Business on June 23, 2016 Criminal prosecutions and punishments for corporate executives involved in antitrust violations are on the rise. In the 1990s, the U.S. Department of Justice (DOJ) prosecuted on average … Continue reading

By: Comments Off | Topics: Antitrust, DOJ

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Welcome to the White Collar Defense, Investigations and Compliance Blog

Welcome to the Snell & Wilmer White Collar Defense, Investigations and Compliance Blog. We look forward to offering insight regarding current news issues, analysis of recent court decisions and discussion of noteworthy trends involving federal and state government criminal and … Continue reading

By: Comments Off | Topics: Uncategorized

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