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Government Enforcement Exposed - "The GEE"
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06 Jan 2016 STARTING THE NEW YEAR WITH A CLEAN SLATE: INDIANA’S EXPUNGMENT STATUTE ENCOMPASSES SOME CIVIL FORFEITURES

  At the close of 2015, a divided Indiana Court of Appeals ruled that an individual with a civil forfeiture action that is related to a criminal conviction could seek to expunge not only the criminal records but the civil records based on the underlying conviction. This (albeit limited) development is important because of the increasing scrutiny on the use of civil forfeiture in the face of criticism over its inequities.  (See a previous Government Enforcement Exposed blog post on civil forfeiture here.)   Civil forfeiture actions often arise when the government locates money or items during an investigation or search based on alleged criminal activity. The case before the court was no exception.  In D.A. v. State of Indiana, D.A. sold cocaine to a…

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09 Sep 2014 Protecting Internal Investigations: The Indiana Supreme Court Weighs In

  As we wrote on August 22, 2014, corporate internal investigations may be harder to protect following the Delaware Supreme Court’s decision in Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW. A recent ruling from the Indiana Supreme Court, however, provides corporations a bit more certainty and suggests the state may be more business-friendly than Delaware.   The Indiana decision, TP Orthodontics, Inc. v. Kesling, hints at an expansion of what a corporation must disclose in their Special Litigation Committee (SLC) reports when shareholders contest the good-faith nature of the SLC’s investigation. At the same time, though, the Supreme Court refused to limit the application of the attorney-client privilege to such documents.   In TP Orthodontics,the Indiana Supreme Court reversed a Court…

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