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Certifications Department of Justice (DOJ)

Maynard Nexsen

Recent FCA Settlement Highlights Small Business Certification Issues in Private Equity Transactions

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The Department of Justice ("DOJ") recently announced a $1.75 million false claims settlement with a contractor that "improperly obtained government contracts that were set-aside for small businesses." The DOJ settlement...more

Davis Wright Tremaine LLP

Broadcast Station Reports Due – Online Public File Reminder - October 2023

By October 10, 2023, all radio and television broadcast stations, both commercial and noncommercial, must: (1) prepare a list of important issues facing their communities of license and the programs aired during July, August,...more

Dechert LLP

Dechert Provides Comments to the U.S. Antitrust Agencies on Proposed Changes to Hart-Scott-Rodino Premerger Filings

Dechert LLP on

Dechert’s antitrust group submitted comments today to U.S. antitrust agencies on their proposed top-to-bottom overhaul of premerger antitrust filings made under the Hart-Scott-Rodino (HSR) Act. The Federal Trade Commission...more

Wiley Rein LLP

Coming Soon: New Cyber Labeling Program for IoT Devices

Wiley Rein LLP on

By next year, consumers may be able to scan a QR code on their connected devices for information about cybersecurity protections that are built into their devices. Details on the program are still being worked out, but the...more

Dechert LLP

New Hart-Scott-Rodino Proposal Signals Sea Change in U.S. Merger Review Process That Will Delay Transactions and Raise Costs

Dechert LLP on

The recent proposal would require significantly more information to be provided up front to the U.S. antitrust agencies. The new rules will likely take effect in Q4 2023 or Q1 2024....more

King & Spalding

DOJ’s Recent Loss in Antitrust Labor Case Highlights Ongoing Focus on Alleged Healthcare Labor Market Restrictions

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The Government Continues to Seek Criminal Sanctions in Cases Regarding Wage-Fixing and No-Poach Agreements - On Wednesday, March 22, a Maine federal jury acquitted four operators of home health agencies who were accused of...more

Snell & Wilmer

Small Business Administration Issues Rule Requiring Formal Veteran-Owned Small Business Certification for Federal Contract Set...

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On November 28, the Small Business Administration (SBA) finalized a rule that requires veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs) to obtain formal SBA certification to...more

StoneTurn

5 Tips For Meeting DOJ’s New CCO Certification Requirements

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The DOJ has signaled that CEO and CCO certifications will become a staple of all corporate settlement agreements. Critics worry CEOs and CCOs face undue personal liability and argue it will dissuade CCOs from accepting the...more

BakerHostetler

DOJ Corporate Compliance Certifications Appear to Be Here to Stay

BakerHostetler on

The compliance certification policy was first announced by Assistant Attorney General (Assistant AG) Kenneth Polite in March 2022, when he stated that for all criminal division “corporate resolutions (including guilty pleas,...more

Paul Hastings LLP

Top PHive Crypto Enforcement Notes: September Edition

Paul Hastings LLP on

Greetings, and thank you for taking a look at our new monthly crypto enforcement newsletter. Our goal is to share five topics each month that we believe are of significance in the world of crypto enforcement—particularly as...more

Guidepost Solutions LLC

The Sky Will Not Fall with New Justice Department CEO / CCO Certifications; Instead, the Sun Will Shine

Despite an industry uproar, the sky is NOT falling with the U.S. Department of Justice (“DoJ”) requirement that chief executive officers (“CEOs”) and chief compliance officers (“CCOs”) certify that their compliance programs...more

Buchalter

DOJ Indicates That in DOJ Settlements, Chief Compliance Officers Will Be Required to Provide a Certification, Suggests Specific...

Buchalter on

According to statements by a Department of Justice official, corporate Chief Compliance Officers will in the future have to take a more exposed position by providing certifications in settlements with DOJ. Further,...more

Holland & Hart - Employers' Lawyers

Follow Appropriate Recruitment Processes in PERM Labor Certification

Question: Facebook was recently in the news for failing to engage in good-faith recruitment in the PERM labor certification process. What happened, and what can other employers do to avoid potential liability?...more

ArentFox Schiff

Antitrust Enforcement in 2020 Offers Lessons for Associations in 2021

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Recent antitrust activity is instructive for associations to identify and limit key areas of antitrust risk. Here are some highlights from 2020: Certification and Accreditation Programs Are Pro-Competitive Functions of...more

Miles & Stockbridge P.C.

Preparing for Government Investigations in Wake of PPP Loan Certifications

The U.S. Department of Justice (“DOJ”) is scrutinizing borrowers who have applied for loans through the Small Business Administration’s Paycheck Protection Program (“PPP”), established by the Coronavirus Aid, Relief, and...more

Lowenstein Sandler LLP

SBA Announces: “SBA may begin a review of any PPP loan of any size at any time in SBA’s discretion” & DOJ Announces Multiple...

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Between May 20 and May 22, SBA announced three new Interim Final Rules and the U.S. Department of Justice (DOJ) announced three new fraud prosecutions stemming from PPP loans. Those prosecutions reflect that the DOJ does not...more

PilieroMazza PLLC

The False Claims Act: 2019 Takeaways and 2020 Trends

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The Department of Justice (DOJ) recovered more than $3 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year 2019, and it remains the primary vehicle for the...more

Alston & Bird

DOJ Crackdown on False Certification for Small Business Set-aside Award

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As discussed in prior blog posts, the DOJ over the last few years has continued to crack down on small-business contracting fraud, including “pass through” and “sham” contracting schemes. This trend has continued, and the DOJ...more

Dorsey & Whitney LLP

DOJ Foreshadows Future Certification Requirement for Businesses to Receive Cooperation Credit

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Last fall, Deputy Attorney General Sally Yates announced (Yates memo) that the DOJ would require businesses to share all relevant facts about individuals when disclosing misconduct to be entitled to cooperation credit. The...more

McGuireWoods LLP

DOJ Fraud Section to Require Cooperation Certifications Before Corporate Settlement

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Before settling with the U.S. Department of Justice’s Fraud Section, companies must now certify that they disclosed all information about individuals involved in the underlying misconduct. According to a recent Wall Street...more

Alston & Bird

Certification: A New Yates Memo Requirement?

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On February 4, the Wall Street Journal reported that the DOJ’s Fraud Section will now require companies to certify that they have “fully disclosed all information about individuals involved in wrongdoing before finalizing a...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Morrison & Foerster LLP

The FCA Impact Of DOJ’s Increased Focus on Small Business

Morrison & Foerster LLP on

In 2014, the Small Business Administration reported that almost a quarter of approximately $367 billion of eligible funding for small business contracting, or roughly $91.7 billion, was awarded to small businesses as prime...more

Mintz - Consumer Product Safety Viewpoints

CPSC & DOJ Stop Two Companies from Future Importation of Children’s Products with Far-Reaching Consent Decrees

Earlier this week, the U.S. Department of Justice (“DOJ”)—at the behest of the CPSC—filed suit in California federal court against two companies and three individuals for importing products that violate the Federal Hazardous...more

The Volkov Law Group

The Value of Due Diligence Certifications

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As companies wrestle with designing and implementing due diligence screening and monitoring programs, several organizations have been pushing the value of certifications....more

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