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DOJ Signals Increased Emphasis on Data Analytics to Prosecute FCPA Global Corruption

On November 29, 2023, Department of Justice (DOJ or Department) policymakers announced explicitly that they are, for the first time, leveraging data analytics to help proactively identify and prosecute crimes in foreign...more

Buyer Beware: DOJ Announces New Safe Harbor Policy Encouraging Voluntary Self-Disclosure of Misconduct Discovered During Mergers &...

In its most recent installment of revamped white-collar criminal enforcement and compliance policies, the Department of Justice (DOJ) unveiled on Wednesday a new “Mergers & Acquisitions Safe Harbor Policy.” Deputy Attorney...more

Compensation Clawbacks and Preservation of Messaging App Communications Top DOJ Changes to its Evaluation of Corporate Compliance...

As part of a sweeping revamp of its white-collar criminal enforcement policies that began last year, the Department of Justice (DOJ) announced two significant changes last week. The first is a new three-year pilot program...more

DOJ Offering Increased Reductions in Fines up to 75% to Incentivize Companies to Voluntarily Report Misconduct

On January 17, 2023, the Department of Justice (DOJ) rolled out a significant change to its existing Corporate Enforcement Policy (CEP) that will grant as much as a 75% reduction in fines for companies that voluntarily...more

CFTC Issues New Guidance Prioritizing Compliance Programs in Enforcement Decisions

On September 10, 2020, the Commodity Futures Trading Commission (the CFTC) issued a new guidance memorandum outlining factors that the Division of Enforcement (the division) will consider when evaluating compliance programs...more

DOJ Antitrust Division Endorses International Cooperation in Cartel Investigations

In July 2020, the Antitrust Division of the U.S. Department of Justice (Antitrust Division) applauded the International Competition Network (ICN) initiative on cross-border leniency cooperation to fight international price...more

Companies Receiving PPP Funds Should Prepare for Audits, and Implement Compliance Now

Treasury Secretary Steven Mnuchin issued a warning on the heels of the second funding of the federal Payroll Protection Program (PPP) that large or public companies will be audited if they received a loan under the program....more

Contracting to Avoid Force Majeure Litigation in the Midst of the COVID-19 Pandemic

We all know by now we are in the midst of a pandemic. Many businesses are either receiving or giving notice of their inability to satisfy contractual obligations due to the various government orders and shut downs. ...more

DOJ Antitrust Division Now Gives Credit for Compliance Program in Cartel Investigations

On July 11, 2019, the U.S. Department of Justice (DOJ), Antitrust Division (Antitrust Division) announced new guidance concerning the effect of compliance programs in criminal antitrust cartel sentencing that significantly...more

DOJ Issues Guidance Emphasizing Importance of Remedial Action to Corporate Monitorship Decisions

Under new Justice Department guidance, corporate defendants have a crucial, time-sensitive window to implement remedial changes independently to potentially avoid the imposition of a government-required monitor to oversee...more

CLOUD Act Guts Long-Awaited Microsoft Decision

Recent Congressional legislation provided a procedure for U.S. law enforcement to obtain foreign-located communications data from U.S. service providers, ending a long-running dispute concerning the extraterritorial reach of...more

Justices Hearing Microsoft Appeal Appear Mixed on Jurisdiction over Foreign-Located Communications

On February 27, 2018, the Supreme Court heard arguments in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). At issue is an unsettled question concerning the territorial...more

Federal Budget Deal Reaffirms Executive Legislative Branch Split in Legalized Medical Marijuana Policy

On February 9, 2018, funding was restored to the federal government through March 23, 2018. The spending legislation is significant for the cannabis industry for two reasons. First, the budget deal extends the...more

Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has...more

New FinCEN Proposal Will Extend AML Rules to Currently Exempt Banks and Other Institutions

Seeking to close a perceived “gap” in regulations intended to facilitate the government’s efforts to curb money laundering and the financing of terrorism, the U.S. Department of the Treasury’s Financial Crimes Enforcement...more

Supreme Court Overturns Former VA Governor’s Conviction Based on Narrowed Federal Bribery Definition

On June 27, 2016, in an 8-0 decision, the U.S. Supreme Court reversed and remanded to the Fourth Circuit the conviction of former Virginia Governor Robert McDonnell on honest services fraud charges and charges that Governor...more

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