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FCPA Blog Daily News

Entries in Attorney-Client Privilege (37)


Walmart's wall of silence comes tumbling down

The veil of secrecy that the "old" Walmart drew over bribery allegations in Mexico since 2005 is falling apart. One reason is because the "new" Walmart has taken robust compliance initiatives and is more transparent. Another reason is because the Delaware Supreme Court is forcing the world's biggest retailer to open up about the past.

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Showdown in Delaware: Walmart fights to keep its secrets

Walmart argued Thursday to the Delaware Supreme Court that shareholders aren't entitled to internal documents from an FCPA investigation that might show what executives and directors knew about alleged bribes paid to officials in Mexico.

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Are all FCPA lawyers and compliance officers fair game for NSA spying?

Image courtesy of the Australian Signals DirectorateA document from Edward Snowden dated February 2013 showed that the Australian Signals Directorate spied on an American law firm and passed the results to the NSA, the New York Times said Saturday.

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Legal advice privilege survives UK test, with caveats

Undoubtedly, the most helpful decision this year for UK-based white collar crime lawyers was a tax related case in which the Supreme Court refused to extend legal advice privilege “LAP” to other professionals by reference to a legal function test. A copy of the decision is here (in pdf).

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In-house privilege shrinks again

A Dutch in-house lawyer with a law degree but no license isn't entitled to the attorney-client privilege, a recent federal case held.

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And we thought he liked whistleblowers

Photo courtesy of the White HouseOver the weekend, before Edward Snowden outed himself, a frantic hunt was on for the insider who leaked NSA phone and internet spying documents to the Guardian and the Washington Post.

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Congressmen: Documents show Wal-Mart CEO and execs told about Mexico bribe allegations in 2005

Two influential U.S. Congressmen have asked Wal-Mart CEO Michael Duke if he and other senior executives at the company knew about bribery allegations in its Mexico operations as early as 2005.

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Avon keeps no secrets from the feds

In its disclosure yesterday, Avon provided a glimpse into what it means to be cooperating with the DOJ and SEC.

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Steal This Form

We're not a big fan of the SEC's whistleblower rules. They let FCPA reward seekers go straight to the government -- without ever telling the boss, general counsel, chief compliance officer, internal auditors, or directors.

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Lauren Stevens Acquitted

The White Collar Crime Prof Blog reported the acquittal of the former associate general counsel of GlaxoSmithKline, Lauren Stevens.

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Angela Aguilar Alleges DOJ Misconduct

The Mexican woman held in a California jail since her arrest on FCPA charges in August has alleged that prosecutors tried to bury information about intercepted phone and email logs from her lawyers and violated her attorney-client and spousal privileges.

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For Company Counsel, Even More Complications

Two recent cases have focused attention on the hard choices faced by company counsel involved in criminal investigations and prosecutions.

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