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DOJ Announces Corporate Compliance Policy Changes and Provides New Guidance on Compensation Clawbacks and Personal Device...

In recent weeks, the U.S. Department of Justice (DOJ) has implemented significant changes to its corporate enforcement policies in an attempt to encourage companies to root out and voluntarily disclose corporate misconduct....more

DOJ Policy Changes Aimed at Increasing White Collar Prosecutions and Incentivizing Companies to Cooperate With the Government

During a speech on September 15, 2022, Deputy Attorney General Lisa Monaco announced significant policy changes to DOJ’s corporate enforcement strategy. Expanding on her October 28, 2021, speech and the memorandum that...more

Attorney General Garland Reiterates DOJ’s Focus on Disclosure of Individual Accountability at the ABA’s Institute on White Collar...

Speaking at the ABA Institute on White Collar Crime earlier this month, Attorney General Merrick Garland outlined the Department of Justice’s continued emphasis in prosecuting individuals “who commit and profit from corporate...more

New Sheriff in Town: DOJ Announces Strengthened Efforts To Combat White Collar Crime

On October 28, 2021, in a speech before the American Bar Association’s 36th Annual National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco formally announced that the Department of Justice is taking...more

Counterfeiting: Why Crime Doesn’t Pay

Based on a recent restitution submission prepared by Faegre Drinker, a federal judge in Harrisburg, Pa. awarded Eli Lilly and Company $1.9 million in restitution from an individual convicted of trafficking in drugs bearing...more

Predicting the Enforcement Priorities of the Biden DOJ

With President Biden’s nomination of D.C. Circuit Judge Merrick Garland for U.S. attorney general proceeding toward confirmation in the Senate, the leader of the nation’s legal department is poised to change enforcement...more

New Antitrust Whistleblower Statute May Enhance Criminal Enforcement Efforts

Former President Trump signed into law the Criminal Antitrust Anti-Retaliation Act of 2019 on December 23, 2020. The law prohibits employers from retaliating against employees who provide information to a superior, to a...more

The Department of Justice in 2021 and Beyond: A Forecast

The outcome of the 2020 general election in the United States will determine which of two visions of the investigative and prosecutorial arms of the federal executive branch will prevail for 2021 and beyond. The campaigns and...more

Updated Criminal Division Guidelines for Compliance Programs

New guidelines from the Department of Justice (DOJ) Criminal Division emphasize that “individualized determinations” will drive the evaluation of corporate compliance programs. Announced June 1, 2020, these revisions also...more

Supreme Court Decides Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc.

On May 14, 2020, the Supreme Court of the United States decided Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc., No. 18-1086, holding that a party is not precluded from raising defenses submitted in earlier...more

Supreme Court Decides Kelly v. United States

On May 7, 2020, the Supreme Court of the United States decided Kelly v. United States, No. 18-1059, holding that for purposes of the federal wire fraud or federal-program fraud statutes, there can be no criminal violation...more

Department Of Justice Defends Compliance Program While Hiring Additional Prosecutors

Recent developments show that, while the Department of Justice (DOJ) is willing to offer incentives for cooperation with criminal antitrust investigations, it also is increasing the resources to root out and uncover...more

Law Enforcement Searches and Seizures During the COVID-19 Pandemic

The COVID-19 pandemic has millions of Americans under orders to stay home and/or restrict their travel and other activities. In times of emergency, state and municipal authorities have vast powers to close institutions and...more

What the U.S. Attorney’s Fraud Crackdown Means for Businesses in Indiana and Beyond

Nationwide, federal prosecution of white-collar offenders may be hitting an all-time low. According to an analysis by Syracuse University, the last time white-collar prosecutions reached this level was during the Reagan...more

Supreme Court Decides Hernandez et al. v. Mesa

On February 25, 2020, the Supreme Court decided Hernandez et al. v. Mesa, No. 17-1678, declining to extend a judicially created damages remedy for a constitutional violation by a federal employee, a U.S. Border Patrol agent...more

Supreme Court Decides Rodriguez v. Federal Deposit Insurance Corporation

On February 25, 2020, the Supreme Court decided Rodriguez v. Federal Deposit Insurance Corporation, No. 18-1269, overruling a federal common law rule that was used in some circumstances to determine how to distribute the tax...more

Supreme Court Decides Retirement Plans Committee of IBM v. Jander

On January 14, 2020, the Supreme Court of the United States decided Retirement Plans Committee of IBM v. Jander, No. 18-1165, remanding the case to the Second Circuit Court of Appeals to decide whether to address the views of...more

FDA Touts Results of New Prosecutorial Enforcement Muscle Worldwide

The Food and Drug Administration (FDA) is increasing and strengthening its ability to enforce criminal sanctions against conduct related to illegal FDA-regulated products across the globe, according to an October...more

DOJ Criminal Division Releases Criteria for Evaluating Companies’ Ability to Pay Fines

The criminal division of the U.S. Department of Justice formalized the criteria it will use to evaluate corporate defendants’ claims of inability to pay fines or monetary penalties. The memorandum, published October 8, 2019,...more

DOJ to Reward Good Behavior With Change to Compliance Policy

In a sweeping policy change announced this past week, the Department of Justice Antitrust Division announced it will consider corporate compliance at the charging stage in criminal antitrust investigations. This is the first...more

Supreme Court Decides Home Depot v. Jackson

On May 28, 2019, the Supreme Court of the United States decided Home Depot U.S.A., Inc. v. Jackson, No. 17-1471, holding that neither the general federal removal statute nor the removal provision in the Class Action Fairness...more

Supreme Court Decides Wisconsin Central Ltd. v. United States

On June 21, 2018, the Supreme Court decided Wisconsin Central Ltd. v. United States, No. 17-530, holding that a railroad company’s employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act...more

Supreme Court Decides Lucia v. Securities and Exchange Commission

On June 21, 2018, the Supreme Court of the United States decided Lucia v. Securities and Exchange Commission, No. 17-130, holding that the Securities and Exchange Commission’s administrative law judges are subject to the U.S....more

Supreme Court Decides Lagos v. United States

On May 29, 2018, the Supreme Court of the United States decided Lagos v. United States, No. 16-1519, holding that the federal law making restitution to victims of certain federal crimes mandatory does not apply to victims’...more

Supreme Court Decides Epic Systems Corp. v. Lewis

On May 21, 2018, the Supreme Court of the United States decided Epic Systems Corp. v. Lewis, No. 16-285, holding that the Federal Arbitration Act mandates the enforcement of arbitration agreements providing for individualized...more

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