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The V&E Report
Insights in Government Enforcement and Investigations

“Panama Papers” Case Reminds How to Protect Against Inadvertently Waiving Attorney-Client Privilege

Recent efforts by the Department of Justice to obtain confidential attorney-client communications in connection with a “Panama Papers” indictment present a stark reminder that lawyers and clients must fastidiously protect the attorney-client privilege else their communications may be compromised and used against them at trial. In an age where the threat from hackers stealing and disseminating confidential information is all too real, prosecutors still will be restricted from accessing and using such materials in their investigation provided you and your clients know what steps to take to protect against an inadvertent waiver of privilege.

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Footnote Fodder: DOJ’s Modified FCPA Guidance Includes Footnote That Appears to be Responding to Criticism

Last week, the DOJ updated its guidance to the Foreign Corrupt Practices Act (“FCPA”) and in doing so tweaked its de-confliction advice. “De-confliction” is the practice of asking corporate counsel to delay interviewing an employee in an internal investigation to allow the DOJ to speak with the employee first.

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  • 25
  • January
  • 2019

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Think Before Using That Powerpoint: Recent Subpoena Highlights Risk

When companies cooperate with investigations by government agencies, there are inherent risks with disclosing information, including the potential for unintentional waiver of the privileges protecting communications between companies and their attorneys and the work product that attorneys create. A recent subpoena by the Office of the Attorney General of the State of New York (“OAG”) demanding the production of all documents and communications relating to civil and criminal investigations of Mallinckrodt LLC by the Department of Justice (“DOJ”) and the Drug Enforcement Agency (“DEA”) demonstrates this risk.1

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Becoming an Arm of the State: Recent Challenge to Statements Made in Internal Investigations Shines a Spotlight on the Role of the Government in Internal Investigations

Two former traders of Deutsche Bank AG, Gavin Black and Matthew Connolly, were recently convicted of wire fraud and conspiracy for submitting fraudulent rates to the London Interbank Offer Rate (“LIBOR”) during their employment.

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