John F. Libby

John F. Libby

Manatt, Phelps & Phillips, LLP

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Latest Publications


Employment Law - March 2017

Future of DOL's White Collar Overtime Rule Remains Unclear - Why it matters - The uncertainty surrounding the Department of Labor's (DOL) white collar overtime rule continues, with the agency requesting more time to...more

3/11/2017 - Debit Cards DOL Drunk Driving Employee Restrooms Gender Identity Hostile Environment Immigration Reform Insurer Liability Over-Time Restroom Legislation Sexual Harassment Title VII White-Collar Exemptions

Health Update - September 2016

The Election’s Impact on Healthcare: Preparing for Potential Scenarios - Editor’s Note: Election 2016 will have a major impact on federal and state healthcare policy. To be prepared for all the possibilities, it’s...more

9/22/2016 - Affordable Care Act Civil Monetary Penalty DOJ False Claims Act (FCA) FCC FTC Health Care Providers HIPAA IPAB Presidential Elections Privacy Policy Risk Mitigation TCPA Telemarketing WhatsApp

Corporate Investigations & White Collar Defense - May 2016

Spotlight on the False Claims Act - Why it matters: This month we discuss two interesting court cases involving the False Claims Act (FCA). On April 19, 2016, the Supreme Court heard oral argument in Universal Health...more

5/9/2016 - CFTC Corporate Counsel DOJ Enforcement Actions False Claims Act (FCA) Fannie Mae Freddie Mac Luis v United States SCOTUS SEC Universal Health Services Inc v United States ex rel Escobar Whistleblowers

DOJ Announces Pilot Program for Self-Reporting FCPA Misconduct

In an effort to move forward with the Department of Justice's (DOJ) policy of individual responsibility, the agency announced a pilot program to encourage corporations to self-report Foreign Corrupt Practices Act (FCPA)...more

5/4/2016 - Cooperation Criminal Prosecution DOJ FCPA Federal Pilot Programs Federal Sentencing Guidelines Self-Reporting Voluntary Disclosure Yates Memorandum

Alert: DOJ Launches New FCPA Voluntary Disclosure Pilot Program

Why it matters: After several months of promising greater transparency relating to charging decisions for corporations that voluntarily disclose potential FCPA issues, on April 5, 2016, the Department of Justice announced the...more

4/7/2016 - Compliance DOJ FCPA Guidance Internal Controls Voluntary Disclosure

Corporate Investigations & White Collar Defense - February 2016

Eye on the Courts—Recent Opinions and Rulings of Note - Why it matters: From a white collar and securities fraud standpoint, there has been a lot of noteworthy activity in the courts of late. The Supreme Court granted...more

2/27/2016 - Acquittals Anti-Money Laundering Bank Secrecy Act Banks Criminal Prosecution Derivatives DOJ Enforcement Actions False Claims Act (FCA) FCPA FinCEN Insider Trading Libor Market Manipulation Mary Jo White Money Laundering OCIE OFAC Sanctions SCOTUS SEC Securities Fraud Stark Law Swiss Banks

Bank Executives, Board Members Hit With SEC Fraud Charges

Why it matters - A group of bank executives and board members were hit with fraud charges by the Securities and Exchange Commission (SEC), with the agency accusing the defendants of engaging in a scheme to mislead...more

2/8/2016 - Accounting Fraud Banking Sector Board of Directors Corporate Executives Financial Crisis Neither Admit Nor Deny Settlements SEC

Corporate Investigations & White Collar Defense - January 2016

The FCPA in 2016: DOJ and SEC Focus on International Cooperation and Investigation of Individuals - Why it matters: As we reported in our December 2015 newsletter, both SEC Enforcement Director Andrew Ceresney and DOJ...more

1/22/2016 - Anti-Money Laundering Criminal Prosecution Department of Financial Services DOJ EB-5 Enforcement Actions False Claims Act (FCA) FCPA FinCEN RMBS SEC Securities Fraud

White Collar Enforcement Omnibus Edition—Cyber Crimes, Sanctions and Spoofing, Oh My!

Why it matters: Since our last newsletter, a lot has been going on in white collar enforcement… so much so that we decided to devote an entire newsletter to it. It was a month of superlatives. The DOJ and the SEC announced...more

12/7/2015 - Alstom Bristol-Myers Squibb China Cyber Attacks Cybersecurity Deutsche Bank DOJ False Claims Act (FCA) FCPA Individual Accountability Indonesia Meals-Gifts-and Entertainment Rules OFAC Popular Pump and Dump SEC Spoofing White Collar Crimes Yates Memorandum

Corporate Investigations & White Collar Defense - June 2015

The Unfolding FIFA Scandal: Will the DOJ Show the Banks a Red Card? - Why it matters: The worldwide soccer community has for years decried the brazen corruption that permeated FIFA, international soccer’s governing...more

7/1/2015 - Attorney-Client Privilege Banks Bribery Compliance DOJ Due Process Enforcement Enforcement Actions False Claims Act (FCA) FCPA Fiduciary Duty FIFA Financial Institutions Lululemon Money Laundering Popular Racketeering SEC Soccer Wal-Mart Wire Fraud

Corporate Investigations & White Collar Defense - April 2015

It’s Stifling in Here! SEC Rules That Companies Can’t Put Restrictive Language in Confidentiality Agreements That Could Potentially Stifle Whistleblowers - Why it matters: On April 1, 2015, the SEC announced its...more

4/22/2015 - Confidentiality Agreements Employer Liability Issues Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) Material Misstatements Omnicare v Laborers District Council Registration Statement Rule 21F SCOTUS SEC Section 11 Securities Act of 1933 Whistleblower Protection Policies

Operation Chokepoint Yields Deals With Two California Banks

Why it matters - A pair of settlements between the Department of Justice (DOJ) and two California banks recently demonstrated that Operation Chokepoint is alive and well. CommerceWest Bank agreed to pay $4.9 million to...more

4/1/2015 - Bank Secrecy Act Banks Choke Point DOJ Enforcement Actions FIRREA

Corporate Investigations & White Collar Defense - March 2015

The SEC’s Settlement with Goodyear: A Cautionary Tale - Why it matters: In a settlement announced on February 24, 2015, the SEC found Goodyear to be in violation of the FCPA in connection with bribes paid by two...more

3/20/2015 - Bank Secrecy Act Bribery Choke Point Commerzbank DOL Enforcement Actions FCPA Foreign Subsidiaries Goodyear Pharmaceutical Industry RICO SEC TPPPs

BSA Compliance Fails, Go to Jail: A New Challenge for Directors and Officers of Financial Institutions

For many years the government has encouraged directors and officers of corporations to ensure that they have robust compliance programs to detect and prevent violations of law. This is especially important in regulated...more

3/28/2013 - Anti-Money Laundering Bank Secrecy Act Compliance Deferred Prosecution Agreements DOJ

Confidential Investigations of Bank Activities

Scenario: In the course of a safety and soundness examination, the bank examiners identify certain unusual transactions and bring the issue to the attention of management. Management, in turn, recognizing the potential...more

1/9/2013 - Audits Board of Directors Confidential Documents Disclosure Requirements Investigations

Officer Liability for Bank Losses: The Jury Speaks

Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more

12/12/2012 - D&O Insurance FDIC Loans Pay-for-Performance

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