After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot...more
8/6/2024
/ CFTC ,
Corruption ,
Department of Justice (DOJ) ,
Extortion ,
Federal Pilot Programs ,
Financial Institutions ,
FinCEN ,
Healthcare ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
Holland & Knight, the Florida Chamber of Commerce, Greater Miami Chamber of Commerce and Miami-Dade Chamber of Commerce hosted the 2023 Florida Enforcement Summit on Oct. 18, 2023. The half-day program focused on current...more
10/31/2023
/ Compliance ,
Cooperation ,
Corporate Misconduct ,
Cyber Attacks ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Enforcement Priorities ,
Ransomware ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
State and Local Government
Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role...more
The U.S. Attorney's Offices (USAOs) Voluntary Self-Disclosure Policy, announced on Feb. 22, 2023, sets forth a nationwide standard for how USAOs will define and credit corporate self-disclosures of misconduct by employees or...more
The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions...more
1/23/2023
/ Compliance ,
Cooperation ,
Corporate Misconduct ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Declination ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Sentencing Guidelines ,
Policy Updates ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
In a speech to prosecutors, policymakers and academics on Sept. 15, 2022, U.S. Deputy Attorney General Lisa O. Monaco announced that the U.S. Department of Justice (DOJ) would no longer "accept business as usual" when it...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
...Patterns of Trade Secret Issues
...Fiduciary Responsibilities When...more
The Third Annual Florida Enforcement Summit, hosted by Holland & Knight, the Florida Chamber of Commerce, the Miami-Dade Chamber of Commerce and the Miami-Dade Beacon Council, focused on federal and Florida enforcement...more
11/12/2020
/ Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Regulatory Authority ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
State and Local Government
The U.S. Supreme Court on June 22, 2020, issued its decision in Liu v. SEC, a case in which the petitioners, Charles Liu and Xin Wang, challenged the U.S. Securities and Exchange Commission's (SEC) authority to pursue the...more
6/26/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
The U.S. Securities and Exchange Commission's (SEC) Office of Compliance Inspections and Examinations issued an Examinations that Focus on Compliance with Regulation Best Interest Risk Alert on April 7, 2020. The SEC alert...more
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides for billions of dollars in relief funds to healthcare providers responding to the coronavirus (COVID-19) pandemic. In April 2020, the U.S. Department...more
Now is the time for financial institutions to prepare for a less obvious but inevitable consequence of the economic downturn and decline in the markets associated with the COVID-19 outbreak: the unraveling of an increased...more
The U.S. Supreme Court heard arguments in Liu v. SEC, a case in which the petitioner challenged the U.S. Securities and Exchange Commission's (SEC) statutory authority to pursue the remedy of disgorgement in federal court....more
3/13/2020
/ Administrative Authority ,
Certiorari ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Penalties ,
Petition for Writ of Certiorari ,
Regulatory Agencies ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Split of Authority ,
Statute of Limitations
Holland & Knight, the Florida Chamber of Commerce and the Miami-Dade Beacon Council hosted the Second Annual Florida Enforcement Summit on Nov. 20, 2019. The half-day program focused on informing the business community how to...more
12/5/2019
/ Anti-Money Laundering ,
Chief Compliance Officers ,
Compliance ,
Consumer Fraud ,
Cooperation ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Public Procurement Policies ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
Strategic Enforcement Plan ,
Whistleblower Protection Policies
In 2017, the U.S. Department of Justice (DOJ) initiated a review of its 2015 policy concerning individual accountability in corporate cases (known as the "Yates Memo"). In the course of that review, the DOJ considered...more
On Sept. 9, 2015, then-Deputy Attorney General Sally Yates issued a memo requiring federal prosecutors to investigate any individuals responsible for illegal corporate conduct before settling a case. This applied to both...more
11/30/2018
/ Attorney General ,
Civil Liability ,
Corporate Counsel ,
Corporate Misconduct ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Prosecutors ,
Foreign Corrupt Practices Act (FCPA) ,
Investigations ,
Sally Yates ,
Settlement Agreements ,
White Collar Crimes ,
Yates Memorandum
Holland & Knight invites you to read our Winter 2017 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than...more
12/12/2017
/ Anti-Bribery ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FATCA ,
Food and Drug Administration (FDA) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Genetic Testing ,
Innovative Technology ,
Israel ,
NHTSA ,
Parent Corporation ,
Real Estate Investments ,
Real Estate Market ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Startups ,
Transportation Industry
If you ask people why Martha Stewart went to jail, many will say insider trading. And if you ask others what crime Scooter Libby committed, most will say breaching national security by disclosing the name of a covert C.I.A....more
A more robust anti-corruption culture is taking hold in Latin America. In line with this trend, the National Congress of Argentina just last week passed a bill creating a criminal liability regime for legal entities. As the...more
A new report shows that Mexico did the right thing by passing a new national anti-corruption legal regime (the National Anti-Corruption System) in 2016. The new report, from the Financial Action Task Force (FATF, aka GAFI),...more
The Department of Justice’s (DOJ) Criminal Fraud Section announced a new partnership between DOJ’s Healthcare Fraud Unit’s Corporate Strike Force and Foreign Corrupt Practices Act (FCPA) prosecutors. The partnership is meant...more