Insights

Washington – February 27, 2023: Global Investigations Review has named Crowell & Moring’s Investigations and White Collar & Regulatory Enforcement groups to its prestigious GIR 100 list, an annual guide to the world’s leading cross-border investigations practices. Based on extensive research, GIR selects 100 firms from around the world that it deems most able to handle sophisticated cross-border government-led and internal investigations. This is the eighth consecutive year that Crowell & Moring has made the list.

Washington – January 2, 2020: Crowell & Moring elected eight lawyers to the firm’s partnership, effective January 1, 2020. The firm also promoted seven attorneys to the position of senior counsel, and 26 associates to the position of counsel. The new partners have been promoted from within the ranks of the firm’s Washington, Los Angeles, and San Francisco offices. The new partners have been promoted from across offices and practice groups, including White Collar & Regulatory Enforcement, Health Care, International Trade, Intellectual Property, Privacy & Cybersecurity, Government Contracts, Litigation, and Antitrust.

On May 11, 2023, the Supreme Court issued two opinions limiting the reach of the federal fraud statutes and eliminating often-used theories from the government’s arsenal.

On May 5, 2023, the Securities and Exchange Commission (“SEC” or “Commission”) announced a record-setting whistleblower award of nearly $279 million.  This award more than doubles the SEC’s previous $114 million record-setter, issued in October 2020.

On June 22, 2022, Lauren Kootman, Assistant Chief in the Corporate Enforcement, Compliance and Policy Unit (the “Unit”) of the Justice Department’s (“DOJ”) Fraud Section confirmed that a forthcoming DOJ policy will require Chief Compliance Officers (“CCOs”) to certify representations about their companies’ compliance programs in settlement agreements with the DOJ.  Similar to the requirement set forth in the Sarbanes-Oxley Act that CEOs and CFOs must certify their companies’ SEC disclosures, and much like current end-of-monitorship certifications, the policy will require CCOs and CEOs to certify that their companies’ compliance programs have been “reasonably designed” to prevent future violations.  The policy was first proposed by Assistant Attorney General Kenneth A. Polite Jr. in March.  Responding to criticism (and echoing prior DOJ statements), Kootman explained that the policy is meant to ensure CCOs have “adequate visibility and access to information” about their companies’ business activities and compliance programs.  In that sense, she said it is DOJ’s goal that the new policy will “empower” CCOs, rather than target or punish them.   

The Practising Law Institute is holding a seminar regarding electronic information in criminal investigations and prosecutions on November 4.

The session will cover the preservation of the attorney client privilege during internal investigations and will examine both the basics of privilege law and best practices for preserving it in the US, UK and EU. Attendees will find this program very beneficial for members of the compliance, internal audit, and legal functions. 

A key component of any successful internal investigation is the effective—and efficient—management and use of documentary evidence. New technologies, data-privacy restrictions, the sheer volume of data in the modern business environment and other challenges require careful navigation in order to conduct investigations that are both defensible and cost-effective.