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DOJ Criminal Division Launches Corporate Whistleblower Awards Pilot Program

The US Department of Justice’s (DOJ) Criminal Division on August 1 announced the details of its much-anticipated Corporate Whistleblower Awards Pilot Program. This three-year initiative aims to incentivize individuals to...more

DOJ Deputy Attorney General Pledges New Approach to Corporate Crime

Deputy Attorney General Lisa Monaco described important changes to the Department of Justice’s corporate criminal enforcement policies during her October 28, 2021 keynote address to the ABA’s 36th National Institute on White...more

Retail Did You Know? Price Gouging in the Time of COVID-19

Dear Retail Clients and Friends, This edition of Morgan Lewis Retail Did You Know? examines the impact of anti–price-gouging efforts by government enforcement officials in the time of the coronavirus (COVID-19) pandemic. ...more

DOJ Assistant AG Benczkowski Announces New Guidance on Inability to Pay Claims

In a recent keynote speech, Brian Benczkowski, head of the US Department of Justice’s Criminal Division, highlighted DOJ’s ongoing efforts at transparency and consistency and announced detailed guidance on how prosecutors...more

DOJ Issues Guidance on Compliance Monitors in Corporate Plea Agreements

The guidance emphasizes flexibility and cost-benefit analysis in the monitor selection process, and along with the recognition by the US Department of Justice that monitors should be appointed only when absolutely necessary,...more

No Accomplice, Conspiracy Liability for Certain Foreign Nationals in FCPA Crimes

In a decision that is likely to resonate across various US government enforcement efforts, the US Court of Appeals for the Second Circuit recently ruled that the Foreign Corrupt Practices Act does not apply to nonresident...more

US Deputy Assistant Attorney General Reinforces Importance of Transparency in M&A Compliance Programs

US Deputy Assistant Attorney General Matthew S. Miner recently delivered remarks at a forum on anti-corruption compliance, where he highlighted the Department of Justice’s growing efforts to increase transparency between DOJ...more

DOJ Makes Major Move to Expand Leniency for Companies That Disclose Foreign Bribery

The department laid out a bold new policy providing “presumption” of non-prosecution for companies that self-report FCPA violations and meet other conditions....more

China Cracks Down on Commercial Bribery in the Private Sector

Government will focus on corruption in sales incentive programs. Background - The Chinese government has intensified probes into commercial bribery in the private sector, with a particular focus on sales incentive...more

DOJ Issues New FCPA Guidance and Launches Self-Reporting Pilot Program

The US Department of Justice has announced the creation of a one-year pilot program intended to encourage companies to self-report bribery violations and provide extensive cooperation in exchange for reduced penalties,...more

Second Circuit Overturns Fraud Convictions in United States v. Litvak

The Second Circuit found no proof of material misrepresentations as to some charges, and held that expert testimony was improperly excluded as to others. On December 8, the US Court of Appeals for the Second Circuit...more

SEC Policy Change: Voluntary Disclosure Now Required for DPA/NPA Resolutions in FCPA Cases

New SEC policy requires companies to self-report FCPA violations in order to be eligible for deferred prosecution agreements and non-prosecution agreements....more

Serious Fraud Office Reaches an Agreement with Standard Bank

The first deferred prosecution agreement in the UK was finalised between the Serious Fraud Office and Standard Bank, potentially paving the way for future similar agreements....more

DOJ Fraud Section Retains Hui Chen as Compliance Counsel Expert

Chen brings important industry experience to the role. The Department of Justice (DOJ) Fraud Section has retained Hui Chen as a “full-time compliance expert.” Ms. Chen comes to the position with compliance counseling...more

DOJ: Companies Need Not Expend Exorbitant Fees to Get Full Cooperation Credit

During an FCPA panel event, the Chief of the US Department of Justice’s Fraud Section advised companies to conduct “targeted” FCPA investigations, dismissing the suggestion that companies must spend hundreds of millions of...more

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