By: David Kalat
Many technologies that sci-fi promised us have yet to appear: jetpacks, teleporters, and rayguns remain the stuff of fantasy. Some sci-fi tech, however, has become increasingly common: thanks to biometric data, it is now possible to unlock your electronic devices with your fingerprint; security providers use facial recognition software to sort potential threats from law-abiding citizens; in some areas of the world, drivers can unlock their cars with their voice, just as James Bond did.
Continue reading Confronting BIPA Liability in the Blink of an Eye
By: Adam Garside and Ben Johnson
On 8 May 2017, the English High Court of Justice handed down judgement in The Director of the Serious Fraud Office (SFO) v. Eurasian Natural Resources Corporation Limited (ENRC), in which the SFO sought a declaration to compel ENRC to produce certain documents under s.2(3) of the Criminal Justice Act 1987 (CJA 1987) as part of its criminal investigation into the activities of ENRC, its subsidiaries, officers and employees, which it opened in 2013.
Continue reading SFO v ENRC – The Decision and Its Implications for Corporate Investigations in the UK
By: Jonathan Taber
On March 30, 2017, FBI Director James Comey’s personal Instagram and Twitter accounts were exposed by Gizmodo reporter Ashley Feinberg. While Comey publicly handled the exposure (and his thousands of new followers) in stride, the length of his efforts to camouflage his online identity indicate that the privacy of his accounts was no laughing matter.
Continue reading Exposure of James Comey’s Personal Social Media Accounts Stresses the Importance of Social Media Investigations
By: David A. Holley
Berkeley Research Group’s Global Investigations + Strategic Intelligence experts provide a unique service to boards of directors and their advisors involved in contests for corporate control. Their role is to develop information through investigation to allow clients and their advisors to make the most informed decisions consistent with their goals and legal strategy. Frequently, this information takes the form of diligence on the proffered slate of dissident directors or the proposed transaction. Our experts seek to identify and bring to light information for our clients to use to shape their shareholder engagement strategy. Our team has decades of experience conducting investigations in connection with hostile takeover defense.
Continue reading SEC Enforcement Actions Highlight the Intelligence to Be Found in Corporate Control Contests
With the implementation of the new anticorruption legislation in Mexico in July of 2016, Mexican President Enrique Pena Nieto and the Mexican government have demonstrated their continuing commitment to combat corruption, support transparent governance and improve the ability of organizations to operate free of the systemic corruption that has plagued both the public and private sectors in Mexico for decades. Continue reading Mexico’s New National Anti-Corruption System
By: Robert DeCicco
With the increase in drones in the sky beyond recreational use and delivery, and movement toward practical and business uses such as surveillance in hostile climates, servicing and message relaying, we have also seen an increase in the sophistication of the devices. Not unlike a mobile phone or GPS, the drone carries a significant amount of digital information that can be both extracted and used to corroborate other evidence in an investigation, provide alibis or in some instances be the smoking gun to solve an investigation.
Continue reading Drones Carry More than Parcels and Cameras
On April 4, 2016, the Federal Bureau of Investigation issued a warning of a “dramatic rise” in business email compromises (BECs) and CEO frauds. The following summarizes Berkeley Research Group’s Global Investigations + Strategic Intelligence practice’s view of this growing fraud and provides actionable intelligence for alerting employees and practical tips to avoid becoming a victim.
Continue reading CEO Fraud and Business Email Compromises
By: David A. Holley and William Marquardt
This past April, the International Organization for Standardization (ISO) released its draft standard on anti-bribery management systems (ISO 37001). The standard is tentatively scheduled to be finalized later this year. In substantive content, the draft ISO standard is similar to the FCPA Resource Guide provided by the U.S. Department of Justice and Securities and Exchange Commission, in that it provides a list of elements that an effective anti-bribery/corruption (“ABC”) program should contain.
Continue reading The Draft ISO 37001 Anti-Bribery Standard’s Promise and Limitations
By: David A. Holley
The now historic National Football League (“NFL”) scandal involving the inflation levels of the footballs used by the New England Patriots during the 2014 AFC Championship Game – “Deflategate” – attracted national attention and filled countless hours of debate amongst friends, colleagues and perfect strangers. While early watercooler discussions centered on the intersection of weather, science and professional football, later dialog had been around more nuanced legal issues, such as the interpretation of collective bargaining agreements, tampering with or destroying evidence, and the role of judges in reviewing, what was essentially an arbitration ruling.
Continue reading The Importance of Independence in Internal Investigations: Deflategate
In Westlaw Journal White Collar Crime 30:5, Douglas Small and Drew Hauge write about compliance, enforcement, and regulation related to growing risks to domestic investor confidence.
Read the full article.