After months of anticipation, the Department of Justice (DOJ) unveiled the details of its new Corporate Whistleblower Awards Pilot Program (the Corporate WB Program or the Program)....more
8/8/2024
/ Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Employees ,
Federal Pilot Programs ,
Pilot Programs ,
Self-Reporting ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
On 28 February 2024, President Biden issued Executive Order 14117 of February 28, 2024, Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern (EO) aimed...more
3/25/2024
/ Biden Administration ,
Data Collection ,
Data Storage ,
Data Transfers ,
Data-Sharing ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Entities ,
International Data Transfers ,
Personal Data ,
Regulatory Oversight
On 7 March 2024, the US Department of Justice (DOJ) announced that it is launching a new whistleblower pilot program designed to reward individuals who report acts of significant corporate misconduct or financial wrongdoing...more
INTRODUCTION - On 22 December 2023, President Biden signed into law the National Defense Authorization Act (NDAA), the annual defense spending bill for 2024. Buried hundreds of pages into the NDAA is the new Foreign Extortion...more
On 4 October 2023, Deputy Attorney General (DAG) Lisa Monaco announced a new US Department of Justice (DOJ) Safe Harbor Policy for voluntary self-disclosure made in connection with mergers and acquisitions (M&A)....more
A common approach in dealing with potential violations of the US export control laws is to undertake a voluntary disclosure to the regulators and thereby benefit from long-standing policies that favor such disclosure by...more
In an effort to combat the use of shell corporations, limited liability companies and similar entities to facilitate money laundering and other illicit activities, Congress enacted the Corporate Transparency Act (CTA) as part...more
In a keynote address to the American Bar Association’s 2021 National Institute on White Collar Crime, Deputy Attorney General (DAG) Lisa O. Monaco outlined major changes to the U.S. Department of Justice’s (DOJ) priorities...more
Colleges, universities, and their federally funded research centers must navigate a range of evolving legal challenges associated with changing technologies, increased frequency of cyberattacks, global expansions, and more....more
As health care providers are increasingly relying on complex and integrated electronic medical record systems, the health care industry has rapidly become one of the most frequent and often vulnerable targets for...more
8/9/2021
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
PHI ,
Popular ,
Risk Management
In this episode, Investigations, Enforcement and White Collar partners Bobby Higdon and David Rybicki reflect on their recent posts in the Department of Justice and what to expect in the world of corporate enforcement under...more
In a one-page opinion, the U.S. Court of Appeals for the District of Columbia, sitting en banc, dismissed the lawsuit brought by the House of Representatives Committee on the Judiciary seeking to enforce its subpoena of...more
I. INTRODUCTION - On 8 June 2021, the Senate passed an expansive bipartisan bill aimed at enhancing the country’s scientific research and development capabilities. In response to emerging technological competition from...more
In a move long expected by this firm and other experts in this area, on 3 June 2021, the Biden administration issued a policy statement tethering global anti-corruption efforts as vital to the country’s national security...more
The congressional investigations landscape has shifted in the post-Trump era. With Democrats in charge of both chambers of Congress and the White House, more investigations will likely focus on the private sector. Beyond the...more
The economic response to the pandemic will continue to generate significant investigative scrutiny by Congress, inspectors general, and law enforcement—likely for years to come. The House Select Subcommittee on the...more
In this second episode of our series on the government's response to the Paycheck Protection Program, white collar practitioners Chris Nasson, David Rybicki, Neil Smith, and Hayley Trahan-Liptak discuss the second phase of...more
This article analyzes emerging risks to PE firms that invest in the health care sector by examining the current enforcement landscape and significant FCA litigation; identifies key factors that increase FCA risk for PE firms...more
In this first episode of our series on the government's response to the Paycheck Protection Program, white collar practitioners Chris Nasson, David Rybicki, Neil Smith, and Hayley Trahan-Liptak provide an overview of the...more
2/23/2021
/ Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Enforcement ,
Lenders ,
Loan Applications ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
SBA ,
Small Business ,
Small Business Loans
On 21 January 2021, President Biden issued an executive order directing the Occupational Safety and Health Administration (OSHA) Assistant Secretary of Labor for Occupational Safety and Health to issue new guidance for...more
The long-anticipated wave of civil enforcement actions involving participants in the Paycheck Protection Program (PPP) has begun. On 12 January 2021, the U.S. Department of Justice (DOJ) announced the first civil settlement...more
The election of Joseph R. Biden Jr. as president of the United States and Democratic control of the U.S. House of Representatives and Senate mean that the private sector can expect to be the main focus of congressional...more
2/4/2021
/ Biden Administration ,
Big Tech ,
CARES Act ,
Clean Energy ,
Climate Change ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Investigations ,
Paycheck Protection Program (PPP) ,
Private Sector ,
Public Policy ,
Regulatory Oversight ,
White Collar Crimes
The U.S. Supreme Court’s 2019 decision in Azar v. Allina Health Services effectively curtailed the enforceability of certain Medicare policies established without notice-and-comment rulemaking. As a result, health care fraud...more
Increased Foreign Agents Registration Act (FARA) enforcement is here to stay. That is the consensus view of senior Department of Justice (DOJ) officials responsible for the statute’s administration and enforcement who...more
Lavish “speaker programs” sponsored by pharmaceutical and medical-device companies may soon be a thing of the past—and not just because of the COVID-19 pandemic. In a 16 November 2020 Special Fraud Alert (Alert) issued by the...more