Global Investigations Review - The law and practice of international investigations

Halliburton Co.

Halliburton pays US$29.2 million in first corporate FCPA settlement under Trump

Halliburton pays US$29.2 million in first corporate FCPA settlement under Trump

27 July 2017

Halliburton, an oilfield services company, has agreed to pay US$29.2 million to settle books and records and internal controls violations of the Foreign Corrupt Practices Act, the US Securities and Exchange Commission said on 27 July.

Wal-Mart Asks Court to Sequence Class and Merits Discovery

13 November 2014

The global retailer is taking an aggressive tack in an Arkansas class action lawsuit that resulted from its alleged cover-up of Mexican bribery in 2005 and 2006.

What are the implications of In Re Kellogg Brown & Root, Inc. on privilege concerns in an internal investigation?

10 July 2014

While companies can breathe a sigh of relief following the D.C. Circuit Court’s recent unanimous ruling in In Re Kellogg Brown & Root, Inc., overturning the District Court’s decision in U.S., ex rel. Barko v. Halliburton Co., there are precautions companies should take to reduce the risk of disclosure of privileged materials generated during internal investigations. While the D.C. Circuit Court’s ruling reinforced the strength of the attorney-client privilege and work product doctrine in the District of Columbia, the lower court’s narrow construction of these protections nevertheless demonstrates the importance of simple precautions companies should consider when undertaking internal investigations in order to reduce the risk of privilege disputes.

D.C. Circuit Restores Privilege Protections to Internal Investigations

01 July 2014

On Friday, June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a writ of mandamus in Kellogg Brown & Root, Inc., et al., No. 14-5055,--- F.3d ----, 2014 WL 2895939, (D.C. Cir. June 27, 2014) (KBR) with significant implications for companies that conduct internal investigations pursuant to compliance programs. The KBR writ reverses a district court decision from March of this year (the Barko decision) that had created substantial uncertainty related to the application of the attorney-client privilege in the context of compliance investigations. Indeed, as explained below, Barko seemed to put all companies -- particularly government contractors that are subject to the FAR's mandatory disclosure requirements -- in an untenable dilemma by suggesting that conducting internal investigations to minimize the risk of government enforcement action would render those same investigations vulnerable to discovery in False Claims Act (FCA) and other cases. The lower court decision also created significant uncertainty as to the application of the attorney-client privilege to investigations conducted by life sciences companies pursuant to reportable event requirements under Corporate Integrity Agreements, which require those companies to investigate and then report “probable violations” of federal healthcare program laws. In reversing, the Court of Appeals helps to restore the privilege protections for such investigations established by Upjohn Co. v. United States, 449 U.S. 383 (1981) more than 30 years ago, while also serving as a reminder of the importance of taking steps to preserve privileges and confidentiality during internal investigations.

Members of Congress Ask Government, Corporations to Stop Silencing Whistleblowers

03 April 2014

KBR is being sued by former employees for its secrecy agreements that allegedly prevented whistleblowing to the government.

FCPA Enforcement a 'Baseline Imperative,' Criminal Division's Raman Says in Her Final Speech

20 March 2014

Using body wires, telephone recordings and cooperating witnesses, "We are working in real time to find and stop ongoing corrupt activity," Mythili Raman said today as she exits the Justice Department after 17 years.

Alcoa Settles Bahraini Bribes Scheme for $384 Million

09 January 2014

The settlement comes one month after the Serious Fraud Office's prosecution of former Alcoa agent Victor Dahdaleh collapsed at trial.

African Development Bank Launches Bonny Island Probe

26 April 2013

The Houston oil services company KBR Inc. said it coud not determine the implications of any possible debarments.

U.S. Chamber Continues Push for FCPA Amendments and More 'Clear Rules'

19 February 2013

While approving of November's FCPA guidance, the U.S. Chamber of Commerce says companies are still "left guessing" in some areas.

FCPA Guidance Expands on M&A Due Diligence Requirements

26 November 2012

Language that popped up in four foreign bribery settlement agreements this year has been incorporated into the new FCPA guidance.

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