In SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment requires the U.S. Securities and Exchange Commission (“SEC” or “the Commission”) to litigate in federal district court when seeking civil monetary penalties...more
7/10/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Judicial Authority ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Seventh Amendment
On May 9, 2024, the Antitrust Division of the Department of Justice (DOJ) announced a new Task Force on Health Care Monopolies and Collusions (HCMC). Comprised of civil and criminal prosecutors, economists, healthcare...more
5/22/2024
/ Acquisitions ,
Analytics ,
Antitrust Division ,
Books & Records ,
Collusion ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Health Care Providers ,
Mergers ,
Monopolization ,
Risk Management ,
Safe Harbors ,
Voluntary Disclosure
As previously reported, the Department of Justice (DOJ) has announced comprehensive corporate criminal enforcement policy changes utilizing both “carrots” and “sticks” to encourage companies to voluntarily self-disclose...more
Over the last two years, the Department of Justice (DOJ) has announced numerous policy changes on corporate criminal enforcement policies, which were largely based on a self-described “carrot and sticks” approach (“a mix of...more
10/6/2023
/ Acquisitions ,
Antitrust Division ,
Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Declination ,
Department of Justice (DOJ) ,
Enforcement ,
Mergers ,
Policy Statement ,
Safe Harbors ,
Voluntary Disclosure
Two recent Foreign Corrupt Practices Act (FCPA) actions – a Department of Justice (DOJ) Opinion letter and an SEC settlement – underscore key diligence questions that legal and compliance departments should address when...more
9/11/2023
/ Civil Monetary Penalty ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disgorgement ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Meal and Entertainment Expenditures ,
New Regulations ,
Opinion Letter ,
Pre-Judgment Interest ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Travel Expenses
On February 22, 2023, the U.S. Department of Justice (DOJ) announced and implemented a new Voluntary Self-Disclosure Policy specific to the 93 United States Attorney’s Offices (USAOs) throughout the nation. Before...more