On May 22, 2024, the Department of Justice (DOJ) announced the first-ever declination under the National Security Division’s recently updated Enforcement Policy for Business Organizations (NSD Policy). The NSD Policy offers...more
The Buy American Act was originally passed by Congress in 1933 and has undergone numerous changes across several presidential administrations. While the core of the Act has essentially remained the same, requiring the U.S....more
On September 26, 2023, U.S. export enforcement authorities, jointly with enforcement authorities in four allied countries (the Five Eyes), issued additional guidance in order to prevent the diversion of goods in violation of...more
12/7/2023
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
Goods or Services ,
Joint Statements ,
Manufacturers ,
Russia ,
U.S. Commerce Department ,
Ukraine
On the one-year anniversary of the invasion of Ukraine, the Biden administration has announced a series of additional sanction measures targeting Russia. These new sanctions are designed to further isolate Russia from goods...more
3/10/2023
/ Biden Administration ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Foreign Policy ,
Foreign Trade Regulations ,
G7 ,
Manufacturers ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
U.S. Commerce Department ,
Ukraine
The U.S. Department of Justice (DOJ) recently announced several new policies and programs aimed at incentivizing corporate compliance. These programs underscore the need for companies to investigate, mitigate and resolve...more
On October 7, 2022, the U.S. Department of Commerce announced a series of new export controls designed to curtail China’s access to certain advanced semiconductor chips and technology, integrated circuits, and advanced...more
On August 30, 2021, the U.S. Court of Appeals for the First Circuit issued a decision in Bais Yaakov of Spring Valley v. ACT, Inc. that addresses how plaintiffs can satisfy the predominance requirement in federal class...more
The trade relationship between the U.S. and UK is an economically and historically important one for both nations. While the two nations recommitted to their longstanding alliance at the recent G7 summit, a number of...more
6/25/2021
/ Aircraft ,
Digital Services Tax ,
Free Trade Agreements ,
Imports ,
Manufacturers ,
Retaliatory Tariffs ,
Subsidies ,
Supply Chain ,
Tariffs ,
Trade Relations ,
UK ,
Wine & Alcohol
CYBERSECURITY -
Another Win for Justice Department: Slilpp Marketplace Takedown -
People always ask me if law enforcement is having any luck in combatting cyber criminals. Let me be clear: it is a very tough job to take...more
6/18/2021
/ Ancestry.com ,
Beyond Visual Line Of Sight (BVLOS) ,
Car Rentals ,
Computer Fraud and Abuse Act (CFAA) ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Department of Justice (DOJ) ,
Drones ,
Enforcement Actions ,
Federal Aviation Administration (FAA) ,
Hackers ,
Popular ,
Ransomware ,
SCOTUS ,
Van Buren v United States
On June 3, 2021, the U.S. Supreme Court issued its first-ever interpretation of the Computer Fraud and Abuse Act (CFAA), the federal criminal and civil statute intended to deter and punish unauthorized access to computer...more
Earlier this month, it was announced that Honeywell International, Inc. (Honeywell) had entered into a $13 million administrative settlement with the U.S. government to resolve allegations of export control violations related...more
5/11/2021
/ Aerospace ,
Arms Export Control Act ,
Biden Administration ,
Corporate Counsel ,
Defense Sector ,
Export Controls ,
Failure to Comply ,
Honeywell International ,
ITAR ,
Self-Disclosure Requirements ,
Settlement Agreements
Proposition 65 is the California law that requires warning labels on products sold to California customers that potentially expose users to certain chemicals which may cause a risk of cancer or reproductive harm. ...more
It would be a mistake to think that the $2.9 billion settlement Goldman Sachs Group Inc. has agreed to pay in order to resolve allegations of widespread bribes to government officials in Malaysia and the United Arab Emirates...more
The Foreign Corrupt Practices Act (“FCPA”) prohibits paying or offering bribes to foreign officials to obtain business advantage. In some instances, the paying or offering of bribes prohibited by the FCPA may involve multiple...more
Last week, a jury found a former executive of a French multinational company guilty of violating the Foreign Corrupt Practices Act, money laundering, and conspiracy in connection with alleged bribery in Indonesia....more
11/20/2019
/ Aiding and Abetting ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Liability ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Workers ,
Manufacturers ,
Money Laundering ,
Multinationals ,
Regulatory Violations ,
Subsidiaries ,
White Collar Crimes
Earlier this year, the United States Department of Justice (DOJ) issued new guidance regarding how it evaluates corporate compliance programs in the context of civil and criminal enforcement matters....more
In a recent decision arising out of Superstorm Sandy, the United States District Court for the District of New Jersey confirmed the enforceability of anti-concurrent causation provisions. Zero Barnegat Bay, LLC v. Lexington...more
3/28/2019
/ Anti-Concurrent Causation Clauses ,
Denial of Insurance Coverage ,
Flooding ,
Hurricane Sandy ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Insurance ,
Real Estate Market ,
Severe Weather ,
Water Damage ,
Wind Damage
On February 21, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) entered into a settlement with Connecticut-based ZAG IP, LLC (ZAG) (formerly known as ZAG International, LLC) arising from...more
2/27/2019
/ Economic Sanctions ,
Enforcement Actions ,
Foreign Policy ,
Foreign Relations ,
Iran ,
Iran Sanctions ,
Manufacturers ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Settlement Agreements ,
Supply Contracts
A Brief Overview of the FCPA -
The Foreign Corrupt Practices Act (FCPA) is a federal statute that prohibits United States companies and individuals from bribing foreign government officials in order to gain or retain...more
9/7/2018
/ Alstom ,
Appeals ,
Bribery ,
Corruption ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Foreign Subsidiaries ,
Government Officials ,
Public Contracts ,
Statutory Violations ,
Utilities Sector ,
White Collar Crimes
In 2010, California enacted the California Transparency in Supply Chains Act (the “Act”). The goal of the Act is to curtail human trafficking and slavery by requiring certain manufacturers and retailers doing business in...more
In September, the U.S. government announced a nearly $1 billion FCPA (Foreign Corrupt Practices Act) settlement with the Swedish telecommunications company Telia. The total monetary payment in this global resolution makes it...more
10/30/2017
/ Anti-Corruption ,
Bribery ,
Corruption ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Manufacturers ,
Regulatory Violations ,
Settlement Agreements ,
Shell Corporations ,
Sweden ,
Telecommunications ,
Uzbekistan ,
White Collar Crimes
The False Claims Act (FCA) is a major civil enforcement tool used by the federal government to redress fraud causing monetary loss to the government. In the 2016 fiscal year, the federal government recovered over $4.7...more