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
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
Amid escalating tensions between the United States and China over the last few years, the United States Department of Justice (“DOJ”) has formally prioritized criminal prosecutions of Chinese nationals and companies, and...more
10/29/2020
/ CFIUS ,
China ,
China Initiative ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Espionage Act ,
FBI ,
FIRRMA ,
Foreign Agents Registration Act (FARA) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Entities ,
Foreign Nationals ,
Hackers ,
Intellectual Property Protection ,
Joe Biden ,
National Security ,
Presidential Elections ,
RICO ,
Trade Secrets ,
Trump Administration ,
United States
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
Key Takeaways
- Slave, forced, and child labor is a modern-day reality impacting some 40 million people throughout the world, by some estimates. Such practices are—and have always been—repugnant, and certainly have no place...more
8/14/2020
/ Aiding and Abetting ,
Alien Tort Statute ,
Anti-Slavery Commissioner ,
Anti-Trafficking Statutes ,
Child Labor ,
Coronavirus/COVID-19 ,
Corporate Social Responsibility ,
Criminal Code ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Human Rights ,
Immigration and Customs Enforcement (ICE) ,
Modern Slavery Act ,
Multinationals ,
Popular ,
Risk Management ,
Sex Trafficking ,
Slavery ,
Supply Chain ,
Tariff Act of 1930 ,
Trade Facilitation and Trade Enforcement Act ,
Transparency in Supply Chains Act ,
UK
Key Takeaways -
- The Ninth Circuit’s recent decision in Schwake v. Arizona Board of Regents is the latest to highlight the need for fair process in college and university disciplinary proceedings involving sexual...more
8/6/2020
/ Appeals ,
Appellate Courts ,
Colleges ,
Department of Education ,
Discovery ,
Due Process ,
Inference ,
Notice Requirements ,
Policies and Procedures ,
Precedential Opinion ,
Sex Discrimination ,
Standard of Review ,
Students ,
Title IX ,
Universities
Key Takeaways:
The Sixth Circuit’s Doe v. Oberlin College decision confirms that in college and university disciplinary cases, fair processes are not optional; they apply to everyone alike—whether the accused or the...more
7/30/2020
/ Administrative Hearings ,
Appeals ,
Colleges ,
Disciplinary Proceedings ,
Due Process ,
Fair Process Doctrine ,
Gender Discrimination ,
Internal Investigations ,
Motion to Dismiss ,
Policies and Procedures ,
Reversal ,
Sex Discrimination ,
Title IX ,
Universities
...On July 3, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) published the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act. A link to the Second Edition is...more
7/13/2020
/ Accounting Standards ,
Affirmative Defenses ,
Anti-Bribery ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
FCPA Resource Guide ,
Foreign Official ,
Guidance Update ,
Mens Rea ,
Securities and Exchange Commission (SEC)
On June 1, 2020, the Department of Justice Criminal Division published updated guidance on an important piece of DOJ literature, the “Evaluation of Corporate Compliance Programs” (“Guidance”), which for many is...more
Through the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the federal government has passed an emergency stimulus package that will result in an unprecedented US$2 trillion infusion into the private and...more
4/27/2020
/ CARES Act ,
Civil Monetary Penalty ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Loans ,
FEMA ,
Financial Stimulus ,
Government Investigations ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Small Business Loans ,
State of Emergency
Key Takeaways -
Companies must rely on their compliance functions to remain robust and vigilant even during these enormously trying times. To be sure, rightsizing in the face of COVID-19’s financial, workforce and...more
On Friday, March 27, President Donald J. Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Along with substantial economic relief, the CARES Act establishes a new Office of the...more
4/2/2020
/ Anti-Corruption ,
Audits ,
CARES Act ,
Congressional Oversight ,
Coronavirus/COVID-19 ,
Criminal Prosecution ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud Abuse and Waste ,
Government Investigations ,
Inspector General ,
SIGPR ,
TARP
The Rajaratnam decision provides yet another stark example of the numerous barriers plaintiffs must overcome in pursuit of RICO’s promise of treble damages, along with the potent arguments defense counsel have at their...more
A recent decision by the U.S. Court of Appeals for the Second Circuit demonstrates that courts will carefully scrutinize whether civil RICO plaintiffs have satisfied the statute’s complex (and stringent) pleading...more
A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more
3/7/2018
/ Automotive Industry ,
Carbon Emissions ,
Civil Conspiracy ,
Civil Liability ,
Class Action ,
Diesel Fuel ,
Environmental Violations ,
Failure To State A Claim ,
False Advertising ,
Fraud ,
General Motors ,
Mail Fraud ,
Manufacturers ,
Misrepresentation ,
Motion to Dismiss ,
National Emissions Standards ,
Omissions ,
Racketeering ,
RICO ,
Standing ,
Suppliers ,
Wire Fraud
Speaking at a conference in Maryland on November 29, 2017, Deputy Attorney General Rod Rosenstein announced a revised Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“CEP”). This policy builds on the...more
The U.S. Department of Transportation released new federal guidance for Automated Driving Systems (ADSs) on September 12, 2017. The new Voluntary Guidance—titled “Automated Driving Systems 2.0: A Vision for Safety”—replaces...more
9/19/2017
/ Automotive Industry ,
Data Recording ,
Department of Transportation (DOT) ,
Driverless Cars ,
Federal Automated Vehicles Policy ,
New Guidance ,
NHTSA ,
Proposed Legislation ,
Regulatory Burden ,
Regulatory Oversight ,
Safety Standards ,
Self-Evaluations ,
Technology ,
Voluntary Compliance
Germany’s Federal Ministry of Transport and Digital Infrastructure formally presented last week ethical guidelines that affirm that governments are focusing on similar themes in designing their regulatory approach to the...more
9/9/2017
/ Automotive Industry ,
Car Accident ,
Civil Liability ,
Connected Cars ,
Cybersecurity ,
Data Privacy ,
Driverless Cars ,
Ethical Standards ,
Germany ,
New Guidance ,
Product Defects ,
Public Disclosure ,
Public Safety ,
Regulatory Agenda
The U.S. House Energy and Commerce Committee, on July 27, unanimously approved a bill that would regulate self-driving vehicles. The bill, named the “Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution...more
Although deferred prosecution agreements (DPAs) are a commonly-used tool for government prosecutors, courts continue to struggle to determine how much judicial supervision of these agreements is permitted. On July 12, 2017,...more
In today’s regulatory environment, companies face mounting pressure from law enforcement agencies to maintain robust compliance programs to deter and detect misconduct by employees, third-party vendors and business partners....more
3/22/2017
/ Compliance ,
Cooperation ,
Corporate Governance ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
New Guidance ,
Policies and Procedures ,
Remediation ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
UK Bribery Act ,
Voluntary Disclosure