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Imagine this: The Department of Justice is investigating one of your company’s high-tech classified contracts with an intelligence agency for alleged bid rigging, and the investigation has implicated classified documents via a broad grand jury subpoena.Continue Reading Antitrust Probes of Classified Intel Require a Delicate Balance

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Current political priorities in Congress will continue to push many industries under the microscope of Congressional investigations, including universities, tech companies, entities that receive federal funds, and energy-sector companies. When the chambers of Congress and the executive branch are controlled by the same party, Congressional oversight of the executive branch is less intense and instead public and private sector, state, and local entities are more likely to find themselves in the crosshairs. If a chamber of Congress changes hands in the midterm elections, the focus of the oversight may shift to reflect the policy priorities of the moment and include more executive branch oversight, but even the executive branch is often contending with requests for information that may implicate their dealings with third parties; for example, there is a risk that agency oversight triggers requests for privileged material belonging to a government contractor or grantee. The topics and industries of highest interest may play musical chairs, but entities across sectors would do well to incorporate a few best practices that will mitigate their risk should they end up in the hot seat, either directly or through a government partner.Continue Reading Protecting Information in Congressional Investigations: The Attorney-Client Privilege and Work-Product Privilege

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In this episode, hosts Jacinta Alves and Mana Lombardo discuss DOJ FCA investigations and common mistakes that targets make in defending these investigations with partner Michael Shaheen. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.

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In this episode, hosts Mana Lombardo and Jason Crawford talk with Gail Zirkelbach, partner in the firm’s Government Contracts Group and vice-chair of the Investigations practice, about practical tips for managing internal False Claims Act Investigations. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.

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This week it was reported that Indian police arrested four people accused of leaking a pre-release episode of the blockbuster HBO show, “Game of Thrones.”  The leak is supposedly the result of employees from a Mumbai-based company that stores and processes the series for the Indian streaming website Hotstar.

These arrests—which appear unrelated to the recent and well-publicized corporate hack of HBO—underscore the challenges that businesses operating around the world face in safeguarding their intellectual property in the supply chain.  Many corporations rely on third party vendors to deliver their business services and products—in this instance television content—around the world.  Yet, the security capabilities of these vendors varies widely, which is why companies can and should take key steps to protect their sensitive information as they share it with these third parties.

The two primary threats that third party vendors pose to companies are: (1) ensuring strong cybersecurity protections to mitigate the chance of a damaging hack; and (2) minimizing the chance of theft of sensitive business information by insiders with access.  To address these concerns, companies should consider the following.Continue Reading Risks Posed by Third Party Vendors Increasingly a Challenge for Businesses

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Although companies often conduct internal investigations in the normal course of business, recent developments suggest that companies need to reconsider certain aspects of how they structure their investigations to avoid potential new downfalls.  On May 4, 2017 at the Renaissance Hotel in Washington, Crowell & Moring attorneys Gail Zirkelbach, Steve Byers, Jacintha Alves and Judy

Hosting and moderating a lunch event Mar 13, 12pm, at Shulman Rogers on investigations in difficult environments featuring senior investigations counsel of SIGAR followed by panel discussion. CLE audio link also available. Click here or contact me for more info. http://www.shulmanrogers.com/news-events-132.html