On August 23, 2024, the US Attorney’s Office for the Central District of California, which is the largest judicial district in the United States, announced a new Voluntary Self-Disclosure and Whistleblower Pilot Program. The...more
DOJ DOUBLES DOWN ON CORPORATE ENFORCEMENT WITH NEW WHISTLEBLOWER PROGRAM -
During the 2024 American Bar Association National Institute on White Collar Crime (the 2024 White Collar Conference) earlier in March US Attorney...more
5/9/2024
/ Artificial Intelligence ,
Automotive Industry ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Labor Regulations ,
Payment Systems ,
PCI-DSS Standard ,
Pilot Programs ,
Regulatory Agenda ,
Unified Patent Court ,
Unions ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
The American Bar Association Antitrust Law Section’s annual Spring Meeting earlier this month featured federal, state and international enforcers discussing a variety of antitrust and competition issues across jurisdictions....more
Four years ago this month, lenders began dispersing Paycheck Protection Program (PPP) loans to small businesses in what would become the largest Small Business Administration (SBA) lending program in history. The SBA approved...more
On March 6, 2024, Paula Blizzard, the California Department of Justice’s antitrust chief, announced on a panel at the American Bar Association’s National Institute on White Collar Crime that the California Attorney General’s...more
During speeches earlier this month, Deputy Attorney General Lisa Monaco and Assistant Attorney General for the Criminal Division Kenneth A. Polite, Jr. announced significant changes to the way DOJ evaluates corporate...more
3/17/2023
/ Bonuses ,
Chief Compliance Officers ,
Clawbacks ,
Compliance ,
Continuing Legal Education ,
Corporate Misconduct ,
Data Collection ,
Data Privacy ,
Department of Justice (DOJ) ,
Electronic Communications ,
Electronic Devices ,
Enforcement Actions ,
Executive Compensation ,
Human Resources Professionals ,
Incentives ,
International Data Transfers ,
Noncompliance ,
Penalties ,
Pilot Programs ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Webinars
During speeches on March 2 and 3, 2023, at the American Bar Association (ABA) National Institute on White Collar Crime (the 2023 White Collar Conference), Deputy Attorney General (DAG) Lisa Monaco, Assistant Attorney General...more
3/7/2023
/ Clawbacks ,
Compliance ,
Compliance Manuals ,
Compliance Monitoring ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Compensation ,
Incentives ,
Instant Messaging Apps ,
Mobile Devices ,
National Security ,
Pilot Programs ,
Self-Disclosure Requirements ,
Self-Reporting ,
U.S. Attorney ,
Voluntary Disclosure ,
White Collar Crimes
On February 24, 2023, the US Department of Justice (DOJ) rolled out a corporate self-disclosure policy (the Policy) to be applied by all 93 US Attorneys’ Offices throughout the country. The details of the Policy—which...more
2/28/2023
/ Corporate Crimes ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Investigations ,
Self-Disclosure Requirements ,
U.S. Attorney ,
Voluntary Disclosure ,
White Collar Crimes ,
Willful Misconduct
At a September 15, 2022, speech at New York University School of Law, US Deputy Attorney General (Deputy AG) Lisa Monaco announced several new policies intended to further the aggressive stance the US Department of Justice...more
9/19/2022
/ Cooperation ,
Corporate Counsel ,
Corporate Governance ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
White Collar Crimes
UNDERSTANDING CONSTRUCTION RISK ON INFRASTRUCTURE INVESTMENTS -
Private investment in infrastructure, especially renewable energy projects, is surging across the globe. In fact, total new investment in renewable energy hit...more
7/26/2022
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Energy Projects ,
Enforcement ,
Fraud ,
Infrastructure ,
Infrastructure Financing ,
Investigations ,
Investment ,
Investors ,
Korea ,
Renewable Energy ,
White Collar Crimes
EUROPEAN COMMISSION ADOPTED A PROPOSAL DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE -
On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence...more
6/6/2022
/ American Bar Association (ABA) ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Taxes ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
EU ,
European Commission ,
GILTI tax ,
Investigations ,
Member State ,
Model Rules ,
OECD ,
Pillar 2 ,
Sustainability ,
Tax Rates ,
White Collar Crimes
On April 20, 2022, the US Department of Justice (DOJ) announced a nationwide coordinated law enforcement action focused on COVID-19-related healthcare fraud. In total, DOJ brought criminal charges against 21 individuals,...more
5/3/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Corporate Executives ,
Criminal Prosecution ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Billing ,
Health Care Providers ,
Healthcare Fraud ,
Investigations ,
OIG ,
Physicians ,
Provider Relief Fund ,
Telehealth
The healthcare enforcement landscape is shifting quickly. This issue of McDermott’s Healthcare Enforcement Quarterly examines emerging trends and key issues for organizations that may become subject to enforcement scrutiny,...more
4/14/2022
/ Appeals ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Medicare ,
OIG ,
Regulatory Oversight ,
Substance Abuse ,
Telehealth ,
Trump Administration
Healthcare enforcement saw an uptick in 2021 and in the first quarter of 2022 as the Department of Justice and other agencies ramped up their investigations following the COVID-19 slowdowns. This uptick in enforcement,...more
4/4/2022
/ Centers for Disease Control and Prevention (CDC) ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Fraud ,
Opioid ,
Physicians ,
Risk Mitigation ,
Webinars
In March 3, 2022, speeches at the American Bar Association’s Annual National Institute on White Collar Crime (ABA White Collar Institute), US Attorney General (AG) Merrick Garland and US Assistant Attorney General for the...more
CROSS-PRACTICE TEAM RECOVERS $6 MILLION FROM BITCOIN THIEF IN SHORT ORDER -
The Challenge:
In the emerging cryptocurrency space, most investors store their assets in digital wallets, where—unlike traditional bank...more
12/16/2021
/ Bitcoin ,
Chapter 11 ,
Clean Energy ,
Competition ,
Corporate Crimes ,
Cryptocurrency ,
Cybersecurity ,
Department of Justice (DOJ) ,
EU ,
Green New Deal ,
Investors ,
NIST ,
Ransomware ,
Renewable Energy ,
Taxation ,
Trading Platforms ,
White Collar Crimes
On December 6, 2021, the Biden administration unveiled its “Strategy on Countering Corruption” (Strategy), which includes far more detailed guidance on how the administration plans to fund, implement and enforce US President...more
12/8/2021
/ Analytics ,
Anti-Corruption ,
Anti-Money Laundering ,
Biden Administration ,
Data Collection ,
Department of Justice (DOJ) ,
Enforcement ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Government Agencies ,
Information Sharing ,
USAID
At an October 28, 2021, speech before the American Bar Association’s Annual National Institute on White Collar Crime, US Deputy Attorney General (Deputy AG) Lisa Monaco re-emphasized the priority placed by current leadership...more
The US Department of Justice (DOJ) and US Department of Health and Human Services, Office of Inspector General (HHS-OIG) are increasingly relying on sophisticated data analytics tools to identify and investigate fraud...more
10/27/2021
/ Criminal Investigations ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement ,
False Billing ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Healthcare ,
Healthcare Fraud ,
OIG ,
Risk Management ,
Statistical Analysis
On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced the launch of the US Department of Justice’s (DOJ) Civil Cyber-Fraud Initiative. The initiative will focus on using the False Claims Act (FCA) to pursue...more
The Financial Crimes Enforcement Network (FinCEN) recently issued its government-wide anti-money laundering (AML) and countering the financing of terrorism (CFT) priorities (AML/CFT priorities). FinCEN issued the AML/CFT...more
7/19/2021
/ Anti-Money Laundering ,
BSA/AML ,
Corporate Transparency Act ,
Corruption ,
Cyber Crimes ,
Enforcement ,
Financial Crimes ,
Financial Institutions ,
FinCEN ,
Fraud ,
NDAA ,
Reporting Requirements ,
Risk Management ,
Virtual Currency
Last week, President Biden issued a memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest. The memorandum ushers in a new era of collaboration between federal agencies and...more
6/8/2021
/ Anti-Corruption ,
Anti-Money Laundering ,
Biden Administration ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Government Agencies ,
National Security ,
NDAA ,
Presidential Memorandum
Since the outset of the COVID-19 pandemic, the US Department of Justice (DOJ) has prioritized identifying and prosecuting COVID-related fraudulent conduct, including healthcare fraud. Most of the DOJ’s enforcement activity to...more
The Biden Administration and the Internal Revenue Service (IRS) continue to focus heavily on cryptocurrency tax enforcement issues. On May 20, 2021, the US Department of the Treasury (Treasury) released the American Families...more
5/27/2021
/ Biden Administration ,
Cryptoassets ,
Cryptocurrency ,
FBAR ,
IRS ,
Proposed Legislation ,
Reporting Requirements ,
Tax Evasion ,
Tax Reform ,
U.S. Treasury ,
Virtual Currency
McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021.
This...more
5/12/2021
/ Anti-Money Laundering ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Best Practices ,
Biden Administration ,
Buy America ,
Civil Liability ,
Collusion ,
Comment Period ,
Competition ,
Competition Authorities ,
Compliance ,
Cooperation ,
Criminal Liability ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Internal Investigations ,
Japan ,
Mergers ,
Procurement Collusion Strike Force ,
Public Comment ,
Public Procurement Policies ,
Risk Mitigation ,
Section 201 ,
Section 232 ,
Section 301 ,
Section 337 ,
US Trade Policies ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers