The article titled “The Time Is Now to Prepare for Congressional Inquiries from a Democrat-Led House,” written by Charlotte Members Neil Bloomfield and Edward O’Keefe, and Associate Elena Mitchell, was published and first appeared in the March 4, 2019 edition of Westlaw Journal Bank & Lender Liability.
The Article
At the start of a new year, we tend to make promises to ourselves. We often promise to address issues head-on — to be proactive[1] instead of reactive. While most New Year’s resolutions are quickly forgotten, we urge those involved with highly regulated ...
Members of MVA’s Privacy and Data Security team, Charlotte Member Neil Bloomfield, Charlotte Counsel Tandy Mathis and Charlotte Associate Nathan White were speakers for the latest Privacy and Data Security Seminar that was held on August 22, 2018. This seminar discussed the data management challenges in today’s government investigations. This is an area undergoing significant changes in light of GDPR, the CLOUD Act and the impending suspension of the Privacy Shield. This CLE focused on both the legal restrictions and practical challenges confronting U.S. counsel when ...
By Kim Cochran[1] and Frank Schall In a decision with far-reaching implications for corporate victims of fraud, the U.S. Supreme Court recently held that the Mandatory Victims Restitution Act of 1996 (MVRA) does not entitle victims of certain federal offenses, including wire fraud, to reimbursement for costs incurred conducting investigations and participating in civil or bankruptcy proceedings related to the fraud.
Before Lagos, Many Courts of Appeal Allowed Recovery of Investigation Costs
In Lagos v. United States, 584 U.S. ___ (2018), Sergio Fernando Lagos pleaded ...
One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be protected from discovery in follow on civil litigation. Unfortunately, despite significant efforts to shield this information, the answer often depends on where the litigation is brought and this fact has only been crystalized by recent decisions from courts in the Second Circuit and the U.K.
Second Circuit
Judge Batts in In re: Ex Parte Application of ...
About MVA White Collar Defense, Investigations, and Regulatory Advice Blog
As government authorities around the world conduct overlapping investigations and bring parallel proceedings in evolving regulatory environments, companies face challenging regulatory and criminal enforcement dynamics. We help keep our clients up to date in these fast-moving areas and to serve as a thought leader.