News & Analysis as of

Enforcement Department of Justice (DOJ) Corporate Governance

Vinson & Elkins LLP

White House’s “Strike Force on Unfair and Illegal Pricing” Advances an Old Antitrust Agenda Under a New Name

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On March 5, 2024, the White House announced the establishment of a new “Strike Force on Unfair and Illegal Pricing” (the “Strike Force”) stating that the Biden administration will hold accountable “corporations . . . when...more

StoneTurn

A Primer in Root Cause Analysis: A Critical Step in the Remediation of Compliance Violations

StoneTurn on

Just as risk assessment is the bedrock for an effective compliance program, root cause analysis (“RCA”) similarly underpins successful remediation of compliance violations. The DOJ’s March 2023 Evaluation of Corporate...more

Bass, Berry & Sims PLC

FCPA Enforcement Update: Commodities Trader Agrees to Almost $100 Million Fine

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On December 14, the Department of Justice (DOJ) announced that Freepoint Commodities LLC, a Connecticut-based commodities trader, had agreed to a three-year deferred prosecution agreement (DPA) to resolve a DOJ investigation...more

White & Case LLP

Questions about the “Carrot” and “Stick” Remain: Unpacking DOJ’s new M&A Safe Harbor Policy, Part I

White & Case LLP on

On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

Society of Corporate Compliance and Ethics...

[Virtual Event] ESG and Compliance Conference - June 28th, 8:25 am - 4:30 pm CT

Achieve your ESG goals in 2023 - Environment, Social, and Governance (ESG) is a top priority for organizations of all types and sizes, and it the compliance team is a key factor in the ESG equation. Much like regulatory...more

Husch Blackwell LLP

DOJ Updates FCPA Corporate Enforcement Policy

Husch Blackwell LLP on

On January 17, 2023, Assistant Attorney General (AAG) Kenneth Polite, Jr. announced updates to the Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy. Since the inception of the FCPA Corporate Enforcement...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Voluntary Self-Disclosure Policy/Environmental Crimes Section/Environment & Natural Resources Division: U.S. Department of Justice...

The Environmental Crimes Section (“ECS”) of the United States Department of Justice (“DOJ”) Environment and Natural Resources Division (“NRD”) issued revisions to its Voluntary Self-Disclosure Policy which was issued in 1991...more

Jenner & Block

Client Alert: DOJ Expands the Reach of Its Policies on Self-Disclosure of Corporate Misconduct

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On February 22, 2023, the Department of Justice announced a new Voluntary Self-Disclosure Policy (the Disclosure Policy) that now governs corporate prosecutions by US Attorney’s Offices (USAOs) nationwide. Building on a 2022...more

Skadden, Arps, Slate, Meagher & Flom LLP

Variable Remuneration and Ethical Behavior: A Toolkit for Companies

Governmental authorities in the U.K. and the U.S. want companies to align employment incentives with ethical conduct. In 2022, the U.K. government undertook a consultation on this topic and in May 2022 published a paper —...more

Wiley Rein LLP

Corporate Criminal Enforcement Predictions for 2023

Wiley Rein LLP on

With all eyes turning to 2023, recent Department of Justice (DOJ) corporate enforcement policy changes and clarifications hint at what can be expected from the DOJ in the year ahead. In September, Deputy Attorney General...more

Bass, Berry & Sims PLC

FCPA Enforcement Update: Two Big Settlements to End the Year 

Bass, Berry & Sims PLC on

In the past several years there has been a significant decrease in Foreign Corrupt Practices Act (FCPA) enforcement efforts. Reports suggest that corporate criminal cases have decreased by roughly 50% since 2012. FCPA...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 19

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Morrison & Foerster LLP

Deputy Attorney General Lisa Monaco Announces Changes to DOJ’s Corporate Criminal Enforcement Policies

On September 15, 2022, the U.S. Department of Justice (DOJ)’s Deputy Attorney General Lisa Monaco announced new guidance and policies regulating corporate criminal enforcement. The new policies emphasize that DOJ will not...more

Perkins Coie

Corporate Compliance Crackdown: DOJ Announces New Enforcement Policies for Business Entities

Perkins Coie on

Deputy Attorney General (DAG) Lisa Monaco delivered an exacting message to the white-collar defense bar at the ABA’s 36th National Institute on White Collar Crime—the U.S. Department of Justice (DOJ) is stepping up its...more

Holland & Knight LLP

Federal and Florida Officials Discuss Enforcement Priorities and How Corporations Can Minimize Risk

Holland & Knight LLP on

The Third Annual Florida Enforcement Summit, hosted by Holland & Knight, the Florida Chamber of Commerce, the Miami-Dade Chamber of Commerce and the Miami-Dade Beacon Council, focused on federal and Florida enforcement...more

WilmerHale

Foreign Corrupt Practices Act Alert - Global Anti-Bribery Year-in-Review: 2019 Developments and Predictions

WilmerHale on

Enforcement activity reached new heights in 2019. The year saw the two largest corporate resolutions in the history of the FCPA, corporate penalties paid to US enforcement agencies topped last year’s record levels, and...more

Eversheds Sutherland (US) LLP

Recent guidance brings OFAC in line with domestic and global compliance trends

On May 2, 2019, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued guidance titled “A Framework for OFAC Compliance Commitments” (Guidance), providing direction regarding what OFAC considers to...more

A&O Shearman

Shearman & Sterling’s Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act (FCPA) / FCPA Digest

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Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best...more

A&O Shearman

DOJ Announces Formalization Of Policy On Corporate Resolution Penalties

A&O Shearman on

On May 9, 2018, the U.S. Department of Justice (“DOJ”) released a long-awaited policy regarding corporate enforcement and resolution. The policy—entitled “Policy on Coordination of Corporate Resolution Penalties”...more

BCLP

Foreign Corrupt Practices Act Enforcement: 2017 Year-in-Review

BCLP on

Enforcement of the Foreign Corrupt Practices Act (FCPA) again remained a high priority for the Department of Justice and the Securities and Exchange Commission in 2017, resulting in 11 companies paying over $1.92 billion to...more

Thomas Fox - Compliance Evangelist

The Positive Effects of DPAs and NPAs in FCPA Enforcement

One of the oft-made criticisms regarding the Department of Justice (DOJ) around its enforcement of the Foreign Corrupt Practices Act (FCPA) is its the use of Deferred Prosecution Agreements (DPAs) and Non-Prosecution...more

Allen Matkins

Federal Prosecutors: The New Architects Of Corporate Governance

Allen Matkins on

If I asked who or what are the primary sources of corporate governance changes, I would expect the following answers: Congress, the Securities and Exchange Commission, the stock exchanges, proxy advisory firms, public pension...more

The Volkov Law Group

Compliance in the C-Suite

The Volkov Law Group on

The ongoing debate whether certain executives are “too big to jail” misses the most important trend in corporate governance – namely, that criminal conduct is rising in the C-Suite. Viewed from a broad perspective, since...more

Thomas Fox - Compliance Evangelist

Individual FCPA Enforcement Actions In 2013

This year had the largest number of individual Foreign Corrupt Practices Act (FCPA) enforcement actions since 2010, the year of the Gun Sting case. Here are the highlights of FCPA related enforcement actions against...more

The Volkov Law Group

Corporate Board Oversight Responsibilities And Liability

The Volkov Law Group on

The Department of Justice is targeting individuals for criminal FCPA violations. As I have discussed before, DOJ is bringing strong cases with overwhelming evidence against individual defendants. ...more

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