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
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
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
The US Department of Justice’s (DOJ) Antitrust Division (Division) has continued to actively investigate and pursue alleged criminal violations of antitrust laws and collusive activity in government procurement. US Attorney...more
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
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
In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person,...more
1/7/2021
/ Acquisitions ,
Biden Administration ,
Compliance ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Cybersecurity ,
Data Privacy ,
Enforcement Actions ,
FRAND ,
Global Market ,
Intellectual Property Protection ,
International Data Transfers ,
Investors ,
Japan ,
Mergers ,
Patent Portfolios ,
US Trade Policies ,
Webinars ,
White Collar Crimes
The US Sentencing Guidelines permit reductions of criminal penalties based on a business organization’s inability to pay criminal fines, but were unclear about how it would make such determinations. An October 8 memorandum...more
12/3/2019
/ Corporate Crimes ,
Corporate Criminal Fines ,
Corporate Misconduct ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Failure To Pay ,
Federal Sentencing Guidelines ,
Memorandum of Guidance ,
Penalty Reductions ,
White Collar Crimes
The Second Circuit’s decision in United States v. Ng Lap Seng is a win for the government, because it reinforces the broad reach and scope of the Justice Department’s enforcement of the FCPA. When adopting and implementing an...more
8/21/2019
/ Anti-Corruption ,
Appeals ,
Bribery ,
Corporate Counsel ,
Corruption ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Official Act ,
White Collar Crimes
What Happened:
• Last week, the Antitrust Division reported that it has changed its Justice Manual to state that it will consider antitrust compliance at the charging stage in criminal antitrust investigations, instead of...more
7/17/2019
/ Antitrust Division ,
Antitrust Investigations ,
Antitrust Violations ,
Best Practices ,
Cartels ,
Chief Compliance Officers ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Justice Manual ,
New Guidance ,
White Collar Crimes
Assistant Attorney General Brian Benczkowski’s remarks provide important guidance for management and boards, and underscore the US Department of Justice’s commitment to prosecuting individuals for corporate misconduct....more
3/14/2019
/ Acquisitions ,
Cooperation ,
Corporate Executives ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Mergers ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
On September 25, DOJ announced the rollout of the Justice Manual, a new US Attorney’s Manual. Though the manual is an internal document that does not carry the force of law, it provides guidance to DOJ employees for...more