Continuing its prolific run of indictments, guilty pleas, and convictions, on July 13, 2022, the U.S. Department of Justice (DOJ) Procurement Collusion Strike Force (PCSF or Strike Force) secured a guilty plea from a Texas...more
7/26/2022
/ Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Convictions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Contractors ,
Fraudulent Procurement ,
Procurement Collusion Strike Force ,
Sherman Act ,
White Collar Crimes
A Colorado state court recently joined a growing chorus of courts across the country rejecting insurance companies’ arguments that there is no coverage for COVID-19-related losses and costs under commercial property insurance...more
The holiday season is a time for contemplation, reflection, and planning for the future. Having spent nearly two years in a pandemic, moreover, has no doubt caused many of us to reassess our values and priorities. With the...more
12/29/2021
/ Child Labor ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Corporate Social Responsibility ,
Environmental Social & Governance (ESG) ,
International Labor Organization (ILO) ,
NGOs ,
Popular ,
Supply Chain ,
UNICEF
[Warning: The juxtaposition of joyous holiday festivities and forced labor is not intended to make light of human rights violations, but to assist companies in avoiding common mistakes in their anti-human trafficking...more
The wave of federal charges against some fifty individuals for college admissions fraud and testing bribery schemes caught numerous universities and much of the United States by surprise. This growing scandal has already...more
3/20/2019
/ Bribery ,
College Admissions ,
Colleges ,
Corruption ,
Criminal Conspiracy ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Educational Institutions ,
Fraud and Abuse ,
Recruitment Policies ,
Universities ,
White Collar Crimes
On Tuesday, October 23, 2018, the Ninth Circuit Court of Appeals issued an important opinion reviving a decade-old Alien Tort Claims Act (ATS) suit based on alleged aiding and abetting slave labor in cocoa farms on the Ivory...more
11/9/2018
/ Aiding and Abetting ,
Alien Tort Statute ,
Appeals ,
Buyers ,
Child Labor ,
Claim Amendments ,
Corporate Liability ,
Domestic Corporations ,
Farm Workers ,
Farms ,
Financing ,
Forced Labor ,
Foreign Corporations ,
Human Rights ,
Remand ,
Reversal ,
Sellers ,
Slavery ,
Supply Chain
The U.S. Department of Justice (DOJ) announced a “road map” for the healthcare industry last month to guide voluntary self-disclosures and cooperation with government investigations. Speaking at the annual American Health...more
10/10/2018
/ AHLA ,
Anti-Kickback Statute ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Document Retention Policies ,
Duty to Preserve ,
Enforcement Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Health Care Providers ,
Healthcare Fraud ,
Internal Controls ,
Provider Self-Disclosure Protocol ,
White Collar Crimes
On Monday, June 4, 2018, the Ninth Circuit Court of Appeals issued an important opinion, Hodson v. Mars, Inc., holding that food manufacturers do not have any independent obligation under California consumer protection laws...more
In the wake of the 2016 dismissal of human rights cases filed against food companies in California, a new class action case was filed on February 26, 2018 in Massachusetts federal court (Tomasella v. Hershey Co.) alleging...more
3/7/2018
/ Child Labor ,
Consumer Protection Laws ,
Cooperative Compliance Regime ,
Corporate Social Responsibility ,
Food Manufacturers ,
Forced Labor ,
Hersheys ,
Human Rights ,
Human Trafficking ,
Risk Mitigation ,
State and Local Government ,
Supply Chain ,
Transparency
[Warning: The juxtaposition of the jolly old man and forced labor is not to make light of human rights violations but to highlight the hidden evils in supply chains and the potential reputational damage to wholesome...more
12/21/2017
/ Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Manufacturers ,
Modern Slavery Act ,
Pending Legislation ,
Retailers ,
Supply Chain ,
Tariff Act of 1930 ,
Trade Facilitation and Trade Enforcement Act ,
Transparency in Supply Chains Act ,
UK
Computer systems around the world have been impacted by the largest cyber-extortion attack in history. According to news reports, the “ransomware” attack hit more than 200,000 victims in 150 countries since it started on...more
5/16/2017
/ Commercial Insurance Policies ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Employee Training ,
FBI ,
Forensic Examination ,
Hackers ,
Incident Response Plans ,
Microsoft ,
National Security Agency (NSA) ,
Ransomware
Amnesty International recently released a report alleging that supply chains for production of palm oil—a common ingredient in many consumer products—are tainted by forced and child labor. In the nearly 150-page report titled...more
12/2/2016
/ Amnesty International ,
Child Labor ,
Disclosure Requirements ,
Due Diligence ,
Forced Labor ,
Human Rights ,
Internal Controls ,
Manufacturers ,
Modern Slavery Act ,
Retail Market ,
Retailers ,
Risk Management ,
Risk Mitigation ,
Supply Chain ,
Transparency in Supply Chains Act
The holiday retail season is an ideal time to check that forced labor and bribery—two top and interconnected supply-chain threats—do not undermine the success of your critical sales period.
Not long ago, many in the...more
11/28/2016
/ Anti-Bribery ,
Bribery ,
Cooperative Compliance Regime ,
Corruption ,
Disclosure Requirements ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Holidays ,
Human Rights ,
Human Trafficking ,
Manufacturers ,
Modern Slavery Act ,
Pending Legislation ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Subcontractors ,
Supply Chain ,
Tariff Act of 1930 ,
Transparency in Supply Chains Act ,
UK
The federal government took another step in the fight against human trafficking and forced labor. President Obama signed into law on February 24, 2016, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which...more
3/4/2016
/ Child Labor ,
Corporate Counsel ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Imports ,
Manufacturers ,
New Legislation ,
Reporting Requirements ,
Slavery ,
Supply Chain ,
Tariff Act of 1930 ,
Trade Facilitation Agreement ,
Young Lawyers
The chart traces the flow and logic of Article 435-3 (proscribing foreign corruption), discusses the Government’s 2015 anti-corruption “Compliance Guidelines,” and summarizes the pending anti-corruption legislation.
...more
Companies doing business in the United Kingdom take note: the U.K. government just made the not-so-long-awaited announcement that businesses with an annual turnover of 36 million British pounds (£36M) will be subject to the...more
8/10/2015
/ Compliance ,
Disclosure Requirements ,
Due Diligence ,
Human Trafficking ,
Manufacturers ,
Modern Slavery Act ,
Posting Requirements ,
Reporting Requirements ,
Retail Market ,
Revenue ,
Slavery ,
Supply Chain ,
Transparency in Supply Chains Act ,
UK ,
Websites
Companies that contract with the federal government will soon be subject to new rules aimed to stamp out human trafficking (see discussion of some of the existing rules and regulations here and here). The just-released...more
The investigation of transnational criminal conduct often involves gathering evidence located in foreign countries. However, national sovereignty, international treaties, and international law preclude U.S. law enforcement...more
A March 2011 report by the Organization for Economic Cooperation and Development’s (OECD’s) Working Group on Bribery characterized Germany as assuming a “leading position” in the investigation and prosecution of foreign...more
Following a relatively flat enforcement landscape and some bumps in the 2013 prosecutorial road, the Department of Justice (‘‘DOJ’’) and the Securities and Exchange Commission (‘‘SEC’’) appear poised to spring back into...more
It is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014.
1. Executive Order 13627 Changes Government Contracting -
Want a government contract...more
1/15/2014
/ Anti-Corruption ,
Chief Compliance Officers ,
Compliance ,
Conflict Mineral Rules ,
Corporate Counsel ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Human Trafficking ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Whistleblowers
As 2013 wraps up, it is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014:
1. Executive Order 13627 on Trafficking in Government Contracts —...more
1/3/2014
/ Anti-Corruption ,
Chief Compliance Officers ,
Compliance ,
Conflict Mineral Rules ,
Destruction of Evidence ,
Enforcement ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Office of Foreign Assets Control (OFAC) ,
Transparency in Supply Chains Act ,
Whistleblowers
Let us start our discussion with an area of broad consensus: A company’s board of directors has a duty of care to respond to and investigate allegations of wrongdoing by officers and employees of the company. But what happens...more
Corporate Social Responsibility (CSR) has evolved from a “nice idea” or “marketing opportunity” to a true business imperative. Companies are increasingly becoming sophisticated with respect to CSR reporting and are checking...more
Criminal justice practitioners understand that ‘‘joint and several liability’’ stands for the common proposition that each co-conspirator should be equally responsible for all provable losses the conspiracy caused. Put...more