LIBOR Plus What?
It appears U.S. regulators are looking into whether some major banks have tried to manipulate LIBOR (London Interbank Offered Rate), the global benchmark interest rate, to boost their credit quality. There has been speculation that bank executives formed a cartel to manipulate the rates, which might expose them to cartel claims. For a snippet on the investigation, click here.
Bordering on the Invasive
The Ninth Circuit has held that the government can seize and transport for subsequent search electronic devices that pass with their owners through customs. In this case, a couple came into Arizona from Mexico, and customs officers seized their laptops without any particularized suspicion. After transporting the laptops to a field office 170 miles away, and after several days, the government found evidence of child-pornography offenses. The Ninth Circuit, invoking the border-search doctrine, reversed the district court's order suppressing the evidence.
Homing in Through Twitter
A federal district court denied a motion to vacate an order that Twitter disclose account information under the Stored Communications Act. The act "governs government access to customer records stored by a service provider." After holding that the petitioners did not have standing to bring their motion under the act, the court rejected their claim on the merits.
"Bribery Blights Lives"
With that colorful introduction, the U.K.'s Ministry of Justice promulgated guidance on its new Bribery Act. The ministry offered the following six principles for organizations to avoid harm: (1) proportionate procedures, (2) top-level commitment, (3) risk assessment, (4) due diligence, (5) communication and training, and (6) monitoring and review.
In Honor of Tax Time . . .
The IRS made its first payment under its relatively new whistleblower law. An accountant in Pennsylvania was awarded $4.5 million for reporting to the IRS Whistleblower Office that his employer had cheated the government. Of course, the IRS couldn't resist its 28 percent tax withholding, netting the whistleblower a check for $3.24 million. To get your money's worth, click here.
Petitioning for LCD-Like Clarity
The American Bar Association has filed an amicus brief with the Supreme Court, supporting a cert petition asking it to resolve a three-way circuit split, regarding situations in which a prosecutor's grand-jury subpoena trumps a civil-litigation protective order. The cert petition stems from a DOJ antitrust investigation into some flat-panel-display makers. For the cert petition, click here.
On March 26, D.C. Counsel Steven Cash will be featured on live webinar, "When Congress Comes Calling: Unique Rights and Wrongs for Oversight and Investigation Targets," presented by the Washington Legal Foundation (WLF).
Day Pitney Newsletter
Dan Wenner and Stan Twardy authored an article, "Forfeiture and the Eighth Amendment," published in the January/February issue of GPSolo Magazine, a publication of the American Bar Association.
Steven Cash authored an analysis article, "What to Do When a Client Receives a Subpoena From Congress," published by the New York Law Journal.
On February 5, partners Dan Wenner and Jed Davis will present a webinar, "Cybersecurity Incident Report: Applying Reason And Rigor To Control Chaos," produced by PLAC (formerly the Product Liability Advisory Council).
Jed Davis was quoted in an article, "Manager Data in Peril from Growing Cyber Threats," published by FundFire, a Financial Times news service for professionals working in the high net worth and institutional investment management industry.
Stan Twardy appeared live on the RNN-TV program "Richard French Live," a nightly news talk show.
Washington, D.C.-based counsel Steven Cash was quoted in an article, "Five Tantalizing Questions About Mueller's Investigation," published by The Hill.
Washington, D.C.-based counsel Steven Cash was quoted in an article, "Rule Change Sharpens Dem Investigations into Trump," published by The Hill.