As we wrote earlier this month, the Department of Justice (DOJ) made significant news at the recent American Bar Association White Collar Conference. But the Department didn’t stop at announcing its pilot whistleblower...more
3/28/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
American Bar Association (ABA) ,
Data Protection ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Penalties ,
Recidivism ,
Whistleblowers ,
White Collar Crimes
In recent years, the Department of Justice (DOJ) has rolled out a significant and increasing number of carrots and sticks aimed at deterring and punishing white collar crime. Speaking at the American Bar Association White...more
3/13/2024
/ CFTC ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Employee Misconduct ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Incentives ,
IRS ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Whistleblowers ,
White Collar Crimes
As lawyers, corporate executives and federal law enforcement officials prepare to gather this week in San Francisco for the ABA’s 39th National Institute on White Collar Crime, we offer our takeaways from January’s Houston...more
3/5/2024
/ Anti-Corruption ,
Cannabis Products ,
Compliance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Foreign Corrupt Practices Act (FCPA) ,
Incentives ,
Investment ,
Market Manipulation ,
Office of Foreign Assets Control (OFAC) ,
San Francisco ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Whistleblowers ,
White Collar Crimes ,
Wire Fraud
2023 was a banner year in the sanctions space and regulators seem primed to continue that performance in 2024. In December 2023, numerous government officials and industry experts convened at the New York Forum on Economic...more
1/12/2024
/ Bureau of Industry and Security (BIS) ,
CFTC ,
Compliance ,
Economic Sanctions ,
Enforcement ,
European Anti-Fraud Office (OLAF) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Office of Financial Sanctions Implementation (OFSI) ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Self-Disclosure Requirements ,
Suspicious Activity Reports (SARs) ,
Voluntary Disclosure ,
Whistleblowers
The past few months have seen numerous high-profile enforcement actions highlighting an increasing trend, what Deputy Attorney General Lisa Monaco called “the biggest shift in corporate criminal enforcement that I’ve seen...more
12/5/2023
/ Acquisitions ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Corporate Crimes ,
Corporate Misconduct ,
Cryptocurrency ,
Cyber Crimes ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
Investigations ,
Mergers ,
National Security ,
Recidivism ,
Remediation ,
Sanction Violations ,
Self-Disclosure Requirements ,
Terrorist Financing ,
Voluntary Disclosure ,
Whistleblowers
Federal regulators have cracked down on the use of texts messages and messaging platforms for business communications, using their broad authority to root out record retention violations, resulting in significant fines and...more
10/20/2023
/ Broker-Dealer ,
CFTC ,
Compliance ,
Email ,
Enforcement Actions ,
FERC ,
Financial Industry Regulatory Authority (FINRA) ,
Fines ,
Insider Trading ,
Instant Messaging Apps ,
Investment Adviser ,
Mobile Devices ,
Multi-Factor Authentication ,
Policies and Procedures ,
Record Retention ,
Regular Business Communications ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Software ,
Text Messages
On July 26, 2023, the Securities and Exchange Commission (“SEC”) issued a final rule that requires registrants to provide enhanced and standardized disclosures regarding “cybersecurity risk management, strategy, governance...more
8/29/2023
/ Cryptoassets ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Final Rules ,
Form 10-K ,
Materiality ,
Ransomware ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934
Last week, Attorney General Merrick Garland issued a new DOJ charging and sentencing policy memorandum, replacing existing guidance to federal prosecutors in their exercise of prosecutorial discretion. The thrust of the...more
In its continued efforts to enhance the cybersecurity of transportation and other critical infrastructure systems across the country, the Transportation Security Administration (TSA) issued on October 19, 2022 a new security...more
Late last year, the Department of Justice (DOJ) announced material changes to the way it intended to investigate, prosecute, and resolve corporate cases. The changes were aggressive, leading us to title our update “DOJ’s...more
9/22/2022
/ Audits ,
Compliance Monitoring ,
Corporate Crimes ,
Corporate Culture ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement ,
Foreign Corrupt Practices Act (FCPA) ,
Individual Accountability ,
New Guidance ,
Risk Assessment ,
Self-Disclosure Requirements