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You are the Senior Vice President and General Counsel at Pharmaceutical Company ABC. For years, you have been responding to multiple subpoenas from the Civil Division of the U.S. Attorney’s Office in your District. You have produced hundreds of thousands of documents in response. You have held multiple meetings with Assistant U.S. Attorneys and representatives from the U.S. Department of Health and Human Service’s Office of Inspector General (OIG), during which the government has asserted that it is investigating whether ABC has been defrauding the Centers for Medicare and Medicaid Services (CMS).
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By Harry Sandick and Sarah Hardtke
The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.
By Jonathan B. New, Patrick T. Campbell and Rachel H. Ofori
Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company’s counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege.
Navigating the SEC’s New Cybersecurity Disclosure Rules
By Olivia J. Greer, Catherine Kim and Jeeyoon Chung
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations
By Christopher D. Carusone
Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.