Matt Diehr

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Matt has both first-chair and second-chair trial experience defending individual and corporate clients against alleged violations of United States criminal and civil laws. Complementing Matt’s litigation practice, he has assisted a number of corporate clients in conducting independent investigations in response to allegations of corporate or individual wrongdoing.

Latest Articles

All too often, corporations and executives trying to “do the right thing” find little preventative guidance coming from the Department of Justice. Companies seeking to ensure their corporate compliance programs are robust enough to withstand government scrutiny frequently must resort to reviewing the United States Sentencing Guidelines or prior Non-Prosecution Agreements or Deferred Prosecution Agreements for guidance. Recently, though, the DOJ Fraud Section quietly issued additional information about how DOJ prosecutors evaluate a company’s compliance…
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which amended the Economic Espionage Act of 1996 to create a federal civil remedy for trade secret misappropriation. The DTSA governs misappropriations occurring after the effective date of May 11, 2016. Although trade secret theft has been a federal crime since 1996, civil claims for trade secret misappropriation were almost always governed by state law. A corporation unable to establish…
A recent New York Times article contained anecdotes of several taxpayers having their bank accounts seized by the IRS even though they had not been convicted of any crimes. The article leaves the reader with the impression that taxpayers are helpless to defend against such action. While the New York Times article accurately conveys how traumatic such seizures can be for those involved—Sgt. Jeff Cortazzo, who was forced to delay his daughter’s college education for…
Corporations conducting internal investigations need to be wary that information learned and materials generated in the course of these investigations may later fall into the hands of adversaries in litigation. A recent decision by a federal district court, United States ex rel. Barko v. Halliburton Co., 4 F.Supp.3d 161 (D.D.C., 2014)., demonstrates this pitfall.…
Corporate clients defending class action lawsuits in state courts within the Eighth Circuit should take note of the recent decision Atwell v. Bos. Scientific Corp., 740 F.3d 1160 (8th Cir., 2013)One portion of the Class Action Fairness Act of 2005 allows for removal of “mass actions” from state court to federal court, often thought to be a more favorable venue for defendants in many instances.…