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Sanctions are “the New FCPA”: A Heightened Focus for DOJ Enforcement

At a New York City Bar Association event on April 27, Deputy Attorney General Lisa Monaco described economic sanctions as “the new FCPA.” Her characterization should put corporate compliance departments on notice. ...more

Criminal No-Poach Antitrust Defense Verdict

A jury in the United States District Court for the District of Colorado acquitted a Denver-based healthcare company, DaVita Inc., and its former CEO on three counts each of conspiracy in restraint of trade under the Sherman...more

Biden Executive Order on Ensuring Responsible Development of Digital Assets: A Critical Opportunity to Shape Blockchain &...

On Wednesday, March 9, President Biden issued an Executive Order entitled Ensuring Responsible Development of Digital Assets. The President’s order represents the first time that the White House has sought to develop a...more

Department of Justice “China Initiative” Dead in Name, Alive in Substance

On February 23, 2022, the Department of Justice announced that it would no longer be grouping cases under the "China Initiative" rubric, citing the "harmful perception" of racial or ethnic bias the use of that nomenclature...more

Congress Moves to Combat Use of Forced Labor in Supply Chain

Senators Josh Hawley and Kristen Gillibrand re-introduced new legislation on February 3, 2022, aimed at combatting the use of forced labor in supply chains worldwide. This move comes on the heels of the December 2021 passage,...more

The Growing Importance of ESG-Related Supply Chain Due Diligence

There is an increasing legislative trend towards holding companies accountable for their own ESG practices as well as those of business partners within their supply chain. ...more

Department of Justice Year-End Update Shows “China Initiative” Prosecutions Are Alive and Well

The Department of Justice on November 19, 2021, updated its online information sheet about its ongoing China Initiative, which “reflects the [DOJ’s] strategic priority of countering Chinese national security threats” by...more

Federal Court Rejects DOJ’s Novel and Extraterritorial Effort To Extend FCPA Jurisdiction to Foreign Agents

The United States District Court for the Southern District of Texas recently recognized new constitutional and extraterritorial limits on the FCPA. In an order entered November 10, 2021, the court held that it lacked...more

New Chinese Anti-Bribery Guideline Calls for Blacklisting and Expulsion of Foreign Companies That Pay Bribes in China

Introduction - China’s top anti-corruption watchdogs recently released a new anti-bribery Guideline designed to focus on multi-national corporations and individuals that pay bribes in China, as opposed to bribe recipients,...more

“Hashing” It Out: Federal Jury Decides Some Cryptocurrency Products are not Securities

Whether a cryptocurrency product is a security is an issue with serious regulatory consequences. In recent years, the Securities and Exchange Commission (“SEC”) has taken a broad position that various crypto assets are...more

Cryptocurrency Stakeholders Should Prepare for Increased Tax Enforcement

As we recently noted in our OnPoint dated October 20, 2021, the rise in interest from retail and institutional investors in the cryptocurrency market has attracted increased regulatory and enforcement attention in the past...more

I Walk the Line: Feds Vow to Aggressively Pursue Lenders Engaging in “Redlining”

Key Takeaways - The Department of Justice (“DOJ”) recently announced a new initiative to aggressively pursue lenders who engage in the discriminatory practice of “redlining.” The DOJ, along with the Consumer Financial...more

The Cryptocurrency Market – Prepare for an Uptick in Enforcement Activity

Key Takeaways - The federal government has the cryptocurrency market in its crosshairs. Specifically, the DOJ, SEC and CFTC have all continued to make announcements and show interest in regulating cryptocurrency and enforcing...more

Buyer Beware: The Federal Common Law of Successor Liability Can Create Unexpected Liability

Key Takeaways: The Third, Sixth, Seventh, and Ninth Circuit Courts of Appeals have recognized the doctrine of federal common law successor liability for claims brought under certain federal labor and employment statutes,...more

The Pandora Papers and the Heightened Importance of “Knowing Your Customer”

Key Takeaways - On October 3, 2021, the International Consortium of Investigative Journalists released the “Pandora Papers,” which expose the use by political leaders, billionaires, and others of offshore entities in an...more

Federal Court Narrowly Interprets “Public Statements” Clause in Corporate Plea to Avoid Conflict with Individual Defendants’ Right...

Key Takeaways - Clauses that bar corporations from making public statements that contradict the stipulated factual basis for a plea or deferred prosecution agreement have become common. ...more

Supreme Court Holds Alien Tort Statute Inapplicable to Extraterritorial Acts Alleged to Aid & Abet Child Slavery

Key Takeaways - In its just-issued opinion in Nestle USA, Inc. v. Doe, No. 19-416, slip op. (2021), the Supreme Court reaffirmed its holding from Kiobel v. Royal Dutch Petroleum Co., 569 U. S. 108 (2013), that the Alien Tort...more

Signs Point to Biden Administration Continuing Trend Towards Increased Enforcement of Foreign Agents Registration Act

President Joseph Biden on January 20, 2021, made news with his Inauguration Day flurry of executive orders. Potentially lost in the shuffle, however, was the Executive Order on Ethics Commitments, which required “every...more

Illinois Expands Defendants’ Access to Discovery in Criminal Cases

On October 23, 2020, the Illinois Supreme Court amended its rules, which apply to all criminal proceedings in the state of Illinois, to expand criminal defendants’ access to discovery materials. Specifically, the court...more

Due Process Protections Act Enacted Into Law

On October 21, 2020, President Donald J. Trump signed the Due Process Protections Act, S. 1380, which provides additional protections for criminal defendants’ due process right to receive material exculpatory evidence from...more

Seventh Circuit “In Chambers” Opinion Provides Key Guidance on Amicus Briefs

Key Takeaways - The United States Court of Appeals for the Seventh Circuit recently issued a decision providing new guidance on how to draft amicus briefs that the court will accept for filing. The court stressed the...more

U.S. Executive and Legislative Branches Raise the Heat on Slave Labor and Trade Law Violations

Weeks ago, on September 14 2020, the Trump Administration made news by announcing a ban on the importation of certain products made in China’s Xinjiang region, where widespread human rights abuses—including slave labor work...more

Understanding the Rules of the Road for Pardon Applications

With the U.S. presidential election less than 50 days away, pardon season is ramping up, and it is likely to be especially active after the election results. In our experience—one author served as a federal prosecutor, one...more

Eighth Circuit Joins Other Courts of Appeals in Holding that Allegations of Substantive Error in University Sexual Assault...

Last month, in two separate OnPoints we highlighted decisions of the Sixth Circuit and Ninth Circuit that reversed the dismissal of Title IX claims challenging university sexual assault disciplinary proceedings and their...more

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