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Update: DOJ Issues Guidelines for Protectionist FCPA Enforcement

In February, the White House issued an Executive Order "pausing" Foreign Corrupt Practices Act (FCPA) enforcement for 180 days, to "further American economic and national security."1 On June 9, Deputy Attorney General Todd...more

Trade Enforcement Risks Escalate with Increasing Tariffs: What Companies Should Do to Mitigate Risk

The increase in tariffs and export control actions by the Trump Administration has led to additional reporting and compliance obligations for companies that import and export goods. To ensure these new tariffs and rules are...more

DOJ Expands DEI Crackdown with New Civil Rights Fraud Initiative Centered on False Claims Act Enforcement

In our prior client alert, we examined the growing risk that the Department of Justice (DOJ) would deploy the False Claims Act (FCA) to pursue entities that receive federal funds and operate Diversity, Equity and Inclusion...more

Shifting Priorities: DOJ's New Approach to White Collar Enforcement

The U.S. Department of Justice (DOJ) announced on May 12, 2025, a strategy shift in its approach to white collar enforcement, identifying specific high-impact areas of focus; an expansion of whistleblower and self-disclosure...more

DOJ Dismisses FCPA Charges Against Former Cognizant Executives Following New Policy

On April 2, 2025, the U.S. Department of Justice (DOJ) moved to dismiss the Foreign Corrupt Practices Act (FCPA) case against former Cognizant Technology Solutions Corp. executives Gordon Coburn and Steven Schwartz, United...more

First Circuit Requires But-For Causation for FCA Liability Based on AKS Violations

Key Takeaways - The First Circuit ruled in United States v. Regeneron Pharmaceuticals, Inc., that the government must prove but-for causation to establish False Claims Act (FCA) liability based on violations of the...more

Federal Crackdown on DEI Programs Intensifies – Government Enforcement and Investigations Risks

In our prior Baker Donelson Client Alert, we examined the labor and employment implications of Attorney General Pam Bondi's Ending Illegal DEI and DEIA Discrimination & Preferences memorandum. This alert focuses on the...more

D.C. Council Passes Emergency Legislation to Close "Gifting Shops" in the District

The D.C. Council passed emergency legislation on January 9, 2024, in furtherance of its effort to close the D.C. cannabis industry's "gray market." The "gray market" is the cannabis industry that was created when D.C....more

Supreme Court Holds That FCA Requires Subjective Intent

Is subjective intent relevant to FCA claims? The Court answered yes, holding that FCA liability turns on what the defendant actually believed, not on what an objectively reasonable person may have believed. On June 1, 2023,...more

Companies Take Heed: DOJ Announces Key Updates and Corporate Compliance Guidance

On March 3, 2023, Assistant Attorney General Kenneth Polite delivered the keynote speech at the 38th Annual National Institute on White Collar Crime of the American Bar Association (ABA) in Miami, Florida. AAG Polite's speech...more

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