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In the Courts

By ljnstaff | Law Journal Newsletters
June 02, 2017

Judge Rules Wal-Mart In-House Investigator's Findings Not Privileged

On May 5, Judge Susan O. Hickey of the Western District of Arkansas granted investors' motion to compel the testimony of a Wal-Mart “special investigator,” rejecting the company's privilege claims.

The case began in 2012 following a New York Times article detailing an alleged bribery scheme orchestrated by the company's Mexican subsidiary, Wal-Mart de Mexico, between 2003-2005. The City of Pontiac General Employees' Retirement System (PGERS) brought suit against Wal-Mart under the Securities Exchange Act of 1934 and SEC Rule 10b-5 for not disclosing its knowledge of the scheme, thereby artificially inflating the company's stock price. PGERS alleges it never recovered the value lost when the New York Times alerted the market to the scheme.

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