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The V&E Report
Insights in Government Enforcement and Investigations

  • 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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Fingerprints as Testimony: Federal Court Rejects Government Request to Compel Use of Biometrics to Open Digital Devices

A magistrate judge in the Northern District of California recently held that compelling people to use their fingerprints, facial recognition, or “any other biometric feature” to unlock electronic devices is a violation of the Fifth Amendment’s protection against self-incrimination. According to the order, use of biometric features to unlock electronic devices is “testimonial,” and, therefore, the government cannot compel it.

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The UK Says “Show Me the Money” with its Unexplained Wealth Orders

The British Government has begun using a powerful weapon it recently added to its anti-money laundering arsenal, the Unexplained Wealth Order (“UWO”). UWOs target foreign politically exposed persons or organized crime suspects, requiring them to disclose the source of their wealth if it is found to be disproportionate to their income.

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