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Carrots Take Root: DOJ Significantly Revamps Corporate Enforcement Policy to Increase Incentives for Companies to Cooperate

In an apparent response to a downturn in corporate cases and criticism that its harsh rhetoric was chilling corporate cooperation, the Department of Justice (“DOJ”) recently announced significant changes to its policy on...more

Recent Guidance from DOJ on the Duress Defense to FCPA Liability

In a dramatic departure from prior practice, the U.S. Department of Justice (“DOJ”) recently released its first Opinion Procedure Release (“OPR”) in over eight years, and perhaps responding to criticism from the business...more

Inside Baseball on Privilege Waiver: the Los Angeles Angels’ Recent Win Over Federal Prosecutors Serves a Welcome Reminder to...

In a high-profile dispute between federal prosecutors and the Los Angeles Angels relating to criminal charges filed in the aftermath of a tragic overdose and death of an Angels pitcher, the government went on the offensive...more

New Year, New DOJ: Recent Resolution of Fraud Allegations Signals DOJ’s Increased Use of Corporate Monitorships

On December 21, 2021, the U.S. Department of Justice (“DOJ”) announced a resolution of its criminal investigations into NatWest Markets Plc (“NatWest”), a global banking and financial services firm based in the United...more

FinCEN Releases New Guidelines, Highlighting The Factors To Be Considered When Bringing Enforcement Actions

In a significant move toward more transparency, the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) released new guidance (the “Guidance”) on August 18, 2020, setting forth its enforcement approach and...more

Novartis’ And Alcon’s $345 Million FCPA Case Signals Increased Scrutiny Of Gifts And Entertainment And New Focus On Scientific...

On June 25, 2020, Novartis AG, a Swiss multinational pharmaceutical company, and two subsidiaries reached a combined $345 million resolution with the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange...more

DOJ And SEC Divide And Conquer To Police Coronavirus-Related Securities Fraud

In early June, federal agencies brought some of the first enforcement actions against COVID-19 securities fraudsters, involving over $100 million in fraudulent claims and profits, making good on their promise to investigate...more

Monitoring Corporate Monitors: DOJ Publishes List of Compliance Monitors, Improving Transparency and Accountability in the...

On April 14, 2020, for the first time, the Department of Justice (“DOJ”) published a list identifying all corporate monitors actively engaged by companies as a part of criminal resolutions with the Criminal Division’s Fraud...more

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