Takeaways -
The DOJ will take a more proactive approach to FCPA investigations.
Companies seeking cooperation credit must disclose information about all culpable individuals, not just those “substantially involved” in...more
The Biden administration is widely expected to be tougher on corporate wrongdoing than its predecessor. Although there have not yet been significant changes to existing policies, key nominations to date and early enforcement...more
4/30/2021
/ Anti-Corruption ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Biden Administration ,
CARES Act ,
Criminal Prosecution ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FinCEN ,
Paycheck Protection Program (PPP) ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
Forecasting the enforcement priorities of the Department of Justice (DOJ) under a new administration is difficult at best. However, the Biden administration is widely expected to be tougher on corporate crime than its...more
1/27/2021
/ Anti-Bribery ,
CFTC ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Regulatory Authority ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
On September 23, 2020, a panel of Skadden attorneys hosted a webinar entitled “Key Supreme Court Cases From the 2019-20 Term and a Look Ahead to the 2020-21 Term.” Panelists Julie Bédard, Boris Bershteyn, Jocelyn E. Strauber...more
11/10/2020
/ Affordable Care Act ,
Alien Tort Statute ,
Arbitration ,
Civil Rights Act ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
Denial of Certiorari ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Fraud ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Separation of Powers ,
Title VII ,
White Collar Crimes ,
Wire Fraud
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
1/30/2020
/ Acquisitions ,
Administrative Procedure Act ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Kickback Statute ,
Antitrust Investigations ,
Appeals ,
Arbitration Awards ,
Attorney General ,
Backstop Agreements ,
BEPS ,
BitLicense ,
Blockchain ,
Board of Directors ,
Bonds ,
Capital Markets ,
CFIUS ,
CFTC ,
Chapter 11 ,
Claim Preclusion ,
Class Action ,
Commercial Bankruptcy ,
Common Stock ,
Congressional Investigations & Hearings ,
Congressional Subpoenas ,
Consumer Financial Protection Bureau (CFPB) ,
Cooperation Agreement ,
Copyright ,
Corporate Governance ,
Corporate Restructuring ,
Corporate Social Responsibility ,
Corporate Taxes ,
Corwin Doctrine ,
Covenant Lite Deals ,
Creditors ,
Cross-Border Transactions ,
DACA ,
DE Supreme Court ,
Debt Financing ,
Debtors ,
Department of Justice (DOJ) ,
Dischargeable Debts ,
Disgorgement ,
Disparate Impact ,
Dodd-Frank ,
Down Rounds ,
Drug Pricing ,
EBITDA ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement of Foreign Judgments ,
Enterprise Act 2002 ,
Environmental Social & Governance (ESG) ,
EU ,
Fair Housing Act (FHA) ,
Federal Trade Commission (FTC) ,
FinTech ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Issuers ,
FRCP 23 ,
General Data Protection Regulation (GDPR) ,
General Elections ,
GILTI tax ,
High-Yield Markets ,
Hong Kong ,
Hong Kong Stock Exchange ,
Individual Accountability ,
Initial Public Offering (IPO) ,
Intellectual Property Litigation ,
Intercreditor Agreements ,
International Arbitration ,
International Litigation ,
IRS ,
Issue Preclusion ,
Japan ,
Joint Venture ,
Legislative Agendas ,
Life Sciences ,
Listing Rules ,
Litigation Strategies ,
Make-Whole Premium ,
Mergers ,
MFW ,
Multinationals ,
National Security ,
PCAOB ,
Pharmaceutical Industry ,
Political Parties ,
Preferred Shares ,
Private Offerings ,
Privately Held Corporations ,
Proxy Advisory Firms ,
Publicly-Traded Companies ,
Refinancing ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Separation of Powers ,
Shareholder Activism ,
Shareholder Proposals ,
Shareholders ,
Split of Authority ,
State Labor Laws ,
Stock Drop Litigation ,
Tax Cuts and Jobs Act ,
Tax Litigation ,
Technology Sector ,
Third-Party Release Agrements ,
Transparency ,
UK ,
UK Brexit ,
Valuation ,
White Collar Crimes
In 2019, the Criminal Division of the U.S. Department of Justice (DOJ) continued its efforts, begun a few years prior, to enhance transparency with respect to the DOJ's prosecutorial decision-making. In public statements, DOJ...more
1/23/2020
/ Cooperation ,
Corporate Cooperation Credits ,
Corporate Misconduct ,
Corporate Officers ,
Criminal Convictions ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Fifth Amendment ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Individual Accountability ,
Internal Investigations ,
Prosecutorial Discretion ,
Self-Disclosure Requirements ,
Self-Reporting ,
Transparency ,
White Collar Crimes ,
Yates Memorandum
One year into the Trump administration, it remains difficult to forecast what lies ahead with respect to regulatory and white collar enforcement activity. Perhaps most instructive are recent public statements of officials at...more
1/29/2018
/ Broken Windows ,
CFTC ,
Civil Monetary Penalty ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Material Disclosures ,
Multi-Jurisdictional Litigation ,
Municipal Securities Issuers ,
Omissions ,
Ponzi Scheme ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Trump Administration ,
White Collar Crimes
Forecasting the enforcement priorities of the Department of Justice (DOJ) under the Trump administration is difficult at best. Previous statements from both President Donald Trump and his nominee for attorney general, U.S....more
2/2/2017
/ Attorney General ,
Banks ,
Corporate Liability ,
Corporate Misconduct ,
Criminal Prosecution ,
Deregulation ,
Dodd-Frank ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
Personal Liability ,
Political Appointments ,
Repeal ,
Trump Administration ,
White Collar Crimes ,
Yates Memorandum
On September 9, 2015, the Department of Justice (the Department) publicly announced that it had issued guidance to its criminal and civil prosecutors that purports to change, at least in part, the Department’s approach to...more
9/16/2015
/ Civil Investigation Demand ,
Civil Monetary Penalty ,
Cooperation Agreement ,
Corporate Crimes ,
Corporate Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
FIRREA ,
Government Investigations ,
Personal Liability ,
White Collar Crimes ,
Willful Misconduct ,
Yates Memorandum