What in the world is happening with enforcement of the Foreign Corrupt Practices Act (FCPA)? And what does the recent executive order (EO) and Department of Justice (DOJ) guidance mean for U.S. and global companies? Our view...more
2/13/2025
/ Anti-Corruption ,
Bribery ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
Trump Administration ,
White Collar Crimes
On November 12, 2024, the Department of Justice (DOJ) Antitrust Division (Division) updated its guidance on how prosecutors will evaluate corporate antitrust compliance programs for the first time since 2019. The Division’s...more
On September 23, 2024, the Department of Justice’s (“DOJ”) Criminal Division announced significant changes to its Evaluation of Corporate Compliance Programs (“ECCP”), which prosecutors use in assessing the effectiveness of...more
10/18/2024
/ Anti-Retaliation Provisions ,
Artificial Intelligence ,
Chief Compliance Officers ,
Compliance ,
Corporate Governance ,
Department of Justice (DOJ) ,
Machine Learning ,
Mergers ,
Risk Management ,
Speak-up Cultures ,
Whistleblower Awards
On November 28–30, 2023, the American Conference Institute’s 40th International Conference on the Foreign Corrupt Practices Act (“FCPA”), held in Washington, D.C., brought together prosecutors, regulators, corporate...more
12/6/2023
/ Clawbacks ,
Compliance ,
Corruption ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Instant Messaging Apps ,
Non-Prosecution Agreements ,
Remediation ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
White Collar Crimes
On October 4, 2023, Deputy Attorney General Lisa Monaco (the “DAG”) announced a new Mergers & Acquisitions (“M&A”) Safe Harbor Policy issued by the Department of Justice (“DOJ”) as part of her comments detailing increased...more
10/10/2023
/ Anti-Corruption ,
Antitrust Division ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Mischief ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Mergers ,
National Security ,
Safe Harbors ,
Voluntary Disclosure
Since September 2022, the U.S. Department of Justice (“DOJ” or “the Department”) has made a number of announcements signaling notable changes to its U.S. corporate enforcement policies. These changes include key revisions to...more
On March 3, 2023, Assistant Attorney General (“AAG”) Kenneth Polite, Jr. announced new guidance issued by the Department of Justice (“DOJ”) Criminal Division intended to encourage companies to implement compensation policies...more
On March 3, 2023, Assistant Attorney General Kenneth A. Polite announced significant revisions to the Department of Justice (“DOJ”) Criminal Division’s Evaluation of Corporate Compliance Programs (“ECCP”) specifically focused...more
3/9/2023
/ Bring Your Own Device (BYOD) ,
Compliance ,
Data Preservation ,
Department of Justice (DOJ) ,
Electronic Communications ,
Instant Messaging Apps ,
Mobile Apps ,
Regular Business Communications ,
Risk Assessment ,
Risk Management ,
WeChat ,
WhatsApp ,
Workplace Communication
On January 17, 2023, Assistant Attorney General Kenneth A. Polite, Jr. (“AAG Polite”) announced several key revisions to the Department of Justice (“DOJ”) Criminal Division’s Corporate Enforcement Policy (the “CEP”) governing...more