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New DOJ Policy Will Curb “Piling On” Multiple Penalties for Same Corporate Misconduct

Corporate resolution policy will provide greater clarity and predictability for companies that self-report and cooperate with DOJ. Key Points: ..The new policy requires DOJ civil and criminal prosecutors to coordinate...more

DOJ Expands and Codifies Policy Incentivizing Corporations to Voluntarily Self-Disclose FCPA Violations

The revised FCPA Corporate Enforcement Policy signals DOJ’s emphasis on corporate voluntary self-disclosure, rewarding cooperating companies with a presumption in favor of declination and reductions in penalties. ...more

Deputy Attorney General Announces Comprehensive Review of DOJ Corporate Enforcement Policies

Key Points: - DOJ is reviewing and reevaluating numerous corporate enforcement policies, including the “Yates Memo,” the FCPA Pilot Program, and policies on corporate monitors. - Policies will be codified in official...more

CFTC Releases New Enforcement Cooperation Guidelines

The agency’s updated advisory for companies and first-ever guidance for individuals shed additional light on its approach for recognizing cooperation. On January 19, 2017, the Division of Enforcement (Division) of the...more

SCOTUS: Dismissal Not Mandatory for False Claims Act Seal Violation

Rigsby places discretion in the hands of district courts as to whether and how to sanction relators who violate the seal requirement in False Claims Act cases. On December 6, 2016, only a month after oral argument, the...more

What You Need to Know About the Cybersecurity Act of 2015

Legislation may change the way government and the private sector collaborate on cybersecurity. After years of vigorous debate and numerous false starts, in the closing hours of its 2015 session, the US Congress...more

What to Do When You Are Served With a Search Warrant

Most business executives and officers lack the training and preparation to deal effectively with a search warrant. State and federal law enforcement agencies continue to increase their investigation and prosecution of...more

The General Counsel’s Role Before and After a Data Breach Incident

“It is often said that there are two kinds of companies out there — those that have suffered a data breach and those that will have one,” said Latham & Watkins partner Kevin Boyle. “So it makes a lot of sense to be prepared...more

What To Do When You Are Served With a Search Warrant

In recent years, state and federal law enforcement agencies continue to increase their investigation and prosecution of white collar crime, particularly relating to the securities and healthcare industries. The search warrant...more

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