Zachary Chalett Counsel

The U.S. Department of Justice's and the U.S. Securities and Exchange Commission's recent settlements with SAP SE to resolve alleged violations of the Foreign Corrupt Practices Act provide insights into how the DOJ and the SEC are enforcing the FCPA, and how corporations can reduce their FCPA liability.

In United States ex rel. Wollman v. Massachusetts Gen. Hosp., Inc., No. CV 15-11890-ADB, 2020 WL 4352915 (D. Mass. July 29, 2020), yet another district court agreed with the U.S. Court of Appeals for the D.C. Circuit’s decision in In re Kellogg Brown & Root, Inc., 756 F.3d 754, 760 (D.C. Cir. 2014), holding that, although the defendants waived it here, attorney-client privilege applies to internal investigations.

This update provides some recent lessons learned with remote depositions that apply to both those who take and defend remote depositions.