Hartley M K West

April 22, 2020 | Corporate Counsel

Once working conditions revert back to their "normal" state, it is likely that regulatory inquiries and investigations into potential misconduct during the days of remote working will emerge. Publicly-listed U.S. companies and traders should take steps today in preparation for the regulatory scrutiny of tomorrow.

By G. Scott Hulsey, William F. McGovern, Benjamin J. Sauter and Hartley M. K. West

7 minute read

September 07, 2017 | The Recorder

The future of cross-border government enforcement investigations has been shaken by the U.S. Court of Appeals for the Second Circuit's recent decision in United States v. Allen, 864 F.3d 63 (2d Cir. 2017), which held that the Fifth Amendment's prohibition on the use of compelled testimony in criminal proceedings applies even when that testimony was compelled by a foreign official in a foreign investigation. Allen's ramifications are far-reaching and may put pressure on other circuits, including the Ninth, to embrace the holding or disavow it.

By Hartley M.K. West, Steven G. Kobre and Michael F. Peng

6 minute read