News & Analysis as of

Third-Party Corporate Misconduct

Thomas Fox - Compliance Evangelist

Pre-taliation Protection Extends to Third Parties

The Securities and Exchange Commission (SEC) has been cracking down on companies that engage in pre-taliation, imposing increasing fines as a result. This was evident in the recent case of JP Morgan,  which faced an $18...more

Lowenstein Sandler LLP

Effective and Efficient Pre-Transaction FCPA Diligence: How to Leverage Compliance and ESG to Avoid Buyer’s Remorse and Other...

Lowenstein Sandler LLP on

The arduous process of FCPA compliance requires risk teams to digest and cross-reference a morass of information – from internal data analysis to human representatives collecting interviews on the ground. Diligence failures...more

Farrell Fritz, P.C.

Unconscionability Defense Fails to Raise Issue of Fact - Legal Woes for the Whistleblower who Turned Down his Award

Farrell Fritz, P.C. on

In 2015, our colleagues in the white-collar criminal defense bar braced for the impact of a memorandum penned by then Deputy Attorney General Sally Yates.  The Yates Memo encouraged both federal prosecutors and civil...more

Porter Hedges LLP

Alert: "DOJ Updates Corporate Compliance Evaluation Guidance"

Porter Hedges LLP on

On June 1, 2020, the Department of Justice (DOJ) published an updated version of its guidance for “Evaluation of Corporate Compliance Programs,” originally published in February 2017. The guidance is intended to assist...more

Burr & Forman

Walmart FCPA Settlement Shines Light On Corporate Compliance Programs

Burr & Forman on

June 20, 2019 – Walmart (NYSE: WMT) and its subsidiary, WMT Brasilia, agreed to a combined criminal penalty and disgorgement of $282M, together with WMT’s criminal guilty plea and undertakings in an NPA, to reach a global...more

Baker Donelson

Weak Compliance Programs Won’t Protect You from Criminal Misconduct

Baker Donelson on

The Department of Justice’s (DOJ’s) Criminal Division has now hired “Compliance Counsel” but the Department has no plans to move towards making a formal compliance defense available to those charged with regulatory...more

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