White Collar

Expert Analysis

• Whistleblowers' Unique Role In DOJ's Anti-Collusion Efforts

  

  The U.S. Department of Justice's recently formed Procurement Collusion Strike Force provides those uniquely positioned in government contracting to be aware of anti-competitive conspiracies an excellent opportunity to step forward under the False Claims Act, say David Caputo and Zachary Arbitman at Youman & Caputo.

• High Court Seems Skeptical Of 5th Circ. Sentencing Practice

  

  The recent U.S. Supreme Court oral arguments in Holguin-Hernandez v. U.S. indicate that the justices are likely to reject the Fifth Circuit’s practice of requiring a post-sentence objection, though it remains uncertain whether their decision would provide clear guidance on necessary specificity in objections, say Elizabeth Bailey and Jill Winter of Buckley.

• EU Tax Scandal Is Sure To Reach London

  

  With powerful states in Europe using their full resources to investigate and prosecute those involved in the tax fraud scheme known as cum-ex trading, it seems all but inevitable that shared information will prompt significant investigations in London by the U.K. authorities, says Bambos Tsiattalou of Stokoe.

• Insider Trading Bill Would Clarify, Expand Years Of Case Law

  

  While still subject to Senate approval, the House's recent passage of the Insider Trading Prohibition Act is significant because it shows bipartisan approval for codifying — and potentially broadening — grounds for prosecuting insider trading established in case law, say attorneys at Baker Botts.

• Strategies To Maintain Privilege In Crisis Response Scenarios

  

  In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

• US Strengthened And Expanded Economic Sanctions In 2019

  

  Stateside regulation of economic sanctions continued at a breakneck pace this year, with new rules targeting Venezuela, Cuba, Turkey and Iran, expanded guidance from the Office of Foreign Assets Control, and one of the most active enforcement years on record, say attorneys at Ropes & Gray.

• How To Ward Off Nonclient Suits Over Lawyers' Speech

  

  Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

• Counterfeit Good Policing In 2019 Was Redefined By Tech

  

  The Organization for Economic Cooperation and Development's recent report that counterfeit goods make up 3.3% of world trade reveals that counterfeiting, abetted by e-commerce, continues to evolve and grow, but brand owners', industry groups' and governments' collaborative use of technology to combat it shows promise, says Donna Schmitt of Armstrong Teasdale.

• Beware Gov't Contract Practices That May Signal Collusion

  

  In response to the U.S. Department of Justice's recent announcement of heightened antitrust enforcement for the government procurement process, contractors should understand the red flags considered indicative of potential collusive activity, say Gail Zirkelbach and Eric Ransom at Crowell & Moring.

• What Is A 'Reasonably Useful Form' For Production Of ESI?

  

  While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

• Scrutiny Of Patient Assistance Program Funding Is Rising

  

  Recent anti-kickback enforcement actions from the U.S. Department of Justice highlight why relationships between pharmaceutical companies and funds that help patients afford prescriptions must maintain the required hallmarks of independence, say attorneys at Loeb & Loeb.

• Opinion

  WADA Should Attend To Due Process In Russian Athlete Case

  

  The World Anti-Doping Agency would be well advised to observe due process when it considers a mass ban of Russian athletes next week, or it would likely face an appeal and reversal at the Court of Arbitration for Sports, says Ronald Katz of GCA Law Partners.

• Prepare For Greater IRS Scrutiny On Conservation Easements

  

  The IRS recently announced stepped-up enforcement on abusive syndicated conservation easement transactions, but proactive taxpayers may avoid penalties by filing qualified amended returns or administrative adjustment requests before the IRS comes knocking, say attorneys at Greenberg Traurig.

• Patent Decision Highlights Cross-Appeal Considerations

  

  The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

• No End In Sight For Litigation Of No-Poach Antitrust Claims

  

  In light of the U.S. Department of Justice's indications of forthcoming criminal enforcement, and two recent federal court rulings concerning potential antitrust violations from use of no‑poach clauses in franchise agreements, companies should ensure they are not taking any action that could run afoul of antitrust laws, says Jennifer Maffett-Nickelman of Thompson Hine.