Buckley Commentary & Analysis
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"The first days: Setting the tone for a successful internal investigation" by Bree Murphy
An internal discovery or a criminal or civil regulator’s inquiry that sparks an internal investigation thrusts in-house counsel into the uncomfortable and complex role of exploring potential wrongdoing inside the company’s walls. These are high-stakes matters in which the range of outcomes is...
Buckley Commentary & Analysis"Foreign defendants beware of 'outside the United States' sentencing enhancements" by Paige Ammons
Foreign citizens and companies criminally prosecuted in the United States may face an unwelcome surprise if convicted ─ a higher sentence due solely to the fact that they operated in a foreign country. A little known enhancement in the Federal Sentencing Guidelines governing fraud offenses...
Buckley Commentary & Analysis"Congress may restore SEC’s disgorgement power" by Meghann Fogarty Kovler and Mehul Madia
Congress is considering legislation that would clarify and significantly expand the Securities and Exchange Commission’s disgorgement powers, two years after the Supreme Court curtailed them in ruling that they were penalties subject to a five-year statute of limitations. The decision in...
Buckley Commentary & Analysis"Apropos of nothing: The possible demise of the Fifth Circuit post-sentencing objection" by Elizabeth R. Bailey
Should the courts penalize criminal defendants on appeal when their attorneys fail to utter magical (but duplicative) words at the end of sentencing? The U.S. Court of Appeals for the Fifth Circuit continues to require a formal post-sentencing objection to the length of a sentence to preserve...
Buckley Commentary & Analysis"Why doesn’t McDonnell apply to foreign bribery?" by Nadav Ariel
Two circuit courts recently concluded that the Supreme Court’s McDonnell decision, which limited the scope of acts that constitute domestic bribery, does not apply in cases alleging bribery of foreign officials. The immediate consequence of the decisions from the U.S. Court of Appeals...
Buckley Commentary & Analysis"Increased government demands for de-confliction will impede internal investigations" by Lauren R. Randell
The Department of Justice recently faced criticism for getting too involved in an internal investigation ostensibly conducted by a company’s external lawyers, with the government telling the company’s lawyers which employees to interview and what questions to ask them. But less attention has...
Buckley Commentary & Analysis"Is the CFPB bound by its non-binding guidance? The implications of the PHH due process decision for TRID and other CFPB rules" by Brandy A. Hood and Steven R. vonBerg
Predictability and certainty are crucial components of the consumer finance market. Consumers crave it, as do industry participants. A common understanding of legal requirements promotes uniformity in the application of consumer protections and allows lenders, servicers, systems providers,...
Buckley Commentary & Analysis