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FCPA Blog Daily News

Entries in privilege (2)

Monday
May182015

Texas high court: Shell FCPA report to DOJ is ‘absolutely privileged’ 

The Texas Supreme Court issued a long-anticipated opinion Friday in Shell Oil Co. v. Writt, holding that an internal investigation report Shell provided to the U.S. Department of Justice about potential FCPA violations is “absolutely privileged” in a defamation proceeding and cannot be used to form the basis of a defamation claim.

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Tuesday
Jul152014

Walmart in Delaware: A tale of red flags ignored

At oral argument Thursday in the Delaware Supreme Court, where Walmart is appealing a lower court order to produce internal FCPA investigation files to shareholders, one remarkable exchange indicated that the idea of revising the Caremark standards, which I talked about in my prior post, was squarely on the minds of the justices.

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