The NCAA and five athletic conferences approved paying nearly $2.8 billion in retrospective name, image and likeness (NIL) compensation to settle three pending antitrust lawsuits.
The proposed settlement contemplates a...more
Clemson University is challenging in court the Atlantic Coast Conference’s (ACC) financial exit fee and the scope of Clemson’s grant of its media rights to the ACC, each of which pose significant financial obstacles to...more
U.S. District Judge Clifton Corker issued an injunctive order prohibiting the NCAA from enforcing its name, image or likeness (NIL) rules to the extent those rules prohibit prospective or existing student-athletes from...more
3/6/2024
/ Antitrust Violations ,
Compensation ,
Contract Negotiations ,
Damages ,
Enforcement ,
Injunctions ,
Investigations ,
Name and Likeness ,
NCAA ,
Sherman Act ,
Student Athletes ,
Third-Party
The NCAA adopts name, image and likeness (NIL) legislation requiring disclosure of certain NIL deals, providing NCAA-developed NIL education and reference resources, and a voluntary registry of NIL service providers.
The...more
Member institutions should begin preparing in earnest for direct student-athlete compensation.
The NCAA president unexpectedly circulated a governance blueprint last week that would significantly alter existing Name, Image...more
12/15/2023
/ Alston v NCAA ,
Audits ,
Class Action ,
Compensation ,
Name and Likeness ,
NCAA ,
NLRB ,
SCOTUS ,
Student Athletes ,
Title IX ,
Trust Funds
Companies looking to set up global capability centers in India should take steps at the outset to assure compliance with applicable anti-bribery and anti-corruption laws and standards.
The FCPA prohibits bribing or...more
After four years of decreased white collar enforcement activity, the Biden DOJ has announced several key policy changes designed to crack down on corporate misconduct: What companies need to know and how they can...more
Historic spending on the 2020 election is driving aggressive DOJ prosecution of criminal campaign finance violations.
The DOJ is increasing its efforts to prosecute businesses and executives for criminal violations of the...more
Criminal investigations will target businesses profiting from the importation into the United States of goods made using forced labor.
The new criminal enforcement initiative seeks to leverage data about corporate supply...more
8/6/2019
/ Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Customer Due Diligence (CDD) ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Forced Labor ,
Imports ,
NGOs ,
Strategic Enforcement Plan ,
Supply Chain ,
Tariff Act of 1930 ,
Trafficking Victims Protection Act of 2000
As forced labor and sex trafficking prosecutions steadily increase, corporations may be exposed to criminal and civil corporate liability.
The U.S. Department of Justice and state law enforcement are expected to...more
7/25/2019
/ Civil Liability ,
Corporate Liability ,
Corporate Social Responsibility ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
State Attorneys General ,
Supply Chain ,
Trafficking Victims Protection Act of 2000
Companies receiving agency-supported financing should implement anti-human trafficking compliance to avoid potential liability.
U.S. law creates corporate liability for foreign and domestic entities operating in the United...more
11/6/2018
/ Corporate Counsel ,
Corporate Liability ,
Corporate Social Responsibility ,
Criminal Liability ,
Extraterritoriality Rules ,
False Claims Act (FCA) ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
OPIC ,
Policies and Procedures ,
Supply Chain
New policy seeks to reduce the burden of navigating anti-corruption investigations and enforcement actions by multiple authorities.
The new DOJ policy seeks to increase coordination on FCPA and related anti-corruption...more
Smaller banks and money services businesses should expand their AML compliance to mitigate human trafficking corporate liability.
Aside from the Bank Secrecy Act, federal law creates corporate liability for financial...more
5/2/2018
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
BSA/AML ,
Corporate Liability ,
Corporate Social Responsibility ,
Enforcement Actions ,
Financial Institutions ,
FinCEN ,
Money Services Business ,
Policies and Procedures ,
Suspicious Activity Reports (SARs) ,
VTVPA
By removing immunity for illegal content, the recently passed bill emphasizes the need for anti-human trafficking compliance and online account monitoring.
The recently passed bill creates civil liability for social media...more
3/28/2018
/ Civil Liability ,
Communications Decency Act ,
Corporate Counsel ,
Corporate Liability ,
Corporate Social Responsibility ,
Human Trafficking ,
Legislative Amendments ,
Online Platforms ,
Risk Management ,
Section 230 ,
Sex Trafficking ,
Social Media
Recent U.S. lawsuit against corporations, including major hotel chains, shines the spotlight on the need for anti-human trafficking compliance.
U.S. law creates corporate liability for entities, such as hotels, casinos and...more
2/6/2018
/ Attorney's Fees ,
Corporate Liability ,
Criminal Investigations ,
Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Human Trafficking ,
Policies and Procedures ,
Private Right of Action ,
Prostitution ,
Punitive Damages ,
Risk Management ,
Sex Trafficking ,
VTVPA
New UK asset forfeiture law empowers prosecutors to seize assets held by companies that have unknowingly benefited from, or assisted, gross human rights abuses—even in the past.
The new law creates potential corporate...more
Increased international cooperation, more aggressive investigations and greater focus on individual accountability.
In light of the U.S. Supreme Court’s decision in Kokesh v. SEC, the SEC is expected to prioritize quicker,...more
Earlier this week, the U.S. Supreme Court resolved a circuit split among the Tenth and Eleventh Circuit Courts of Appeals by holding that because disgorgement in a Securities and Exchange Commission (SEC) enforcement action...more
6/9/2017
/ Disgorgement ,
Enforcement Actions ,
Financial Services Industry ,
Foreign Corrupt Practices Act (FCPA) ,
Investment Management ,
Kokesh v SEC ,
Misappropriation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Statute of Limitations ,
White Collar Crimes
As the United Kingdom’s Competition and Markets Authority (CMA), Italy’s Autorità Garante della Concorrenza e del Mercato and France’s Autorité de la Concurrence are wrapping up their prosecutions of Europe’s top modeling...more
4/19/2017
/ Antitrust Division ,
Antitrust Violations ,
Cartels ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Modeling ,
Price-Fixing ,
UK ,
UK Competition and Markets Authority (CMA)
On March 7, 2017, the U.S. District Court for the Eastern District of Kentucky reversed the October 27, 2016 criminal jury verdict against Kentucky cardiologist Dr. Richard E. Paulus, and acquitted him on all counts of health...more
On February 8, 2017, the U.S. Department of Justice (DOJ) released a list of important topics and sample questions that the Criminal Division’s Fraud Section has frequently found relevant in evaluating the adequacy of a...more
3/10/2017
/ Compliance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Ethics ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Internal Reporting ,
Policies and Procedures ,
Risk Assessment ,
Tone At The Top ,
Yates Memorandum
Since the September 11, 2001, terrorist attacks, U.S. law enforcement and financial regulatory agencies have focused on disrupting the use of the financial system by terrorist groups, criminal organizations and tax evaders to...more
As the Department of Justice is wrapping up its prosecution of over a dozen Swiss banks, federal prosecutors and IRS special agents are analyzing a treasure trove of previously undeclared taxpayer account information that...more
On April 5, 2016, the Department of Justice unveiled a one-year pilot program designed to encourage companies to self-report violations of the Foreign Corrupt Practices Act (the FCPA). Built upon the Department’s September 9,...more
4/15/2016
/ Bribery ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Federal Sentencing Guidelines ,
Foreign Corrupt Practices Act (FCPA) ,
Individual Accountability ,
Internal Investigations ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes ,
Yates Memorandum
A leak of 11.5 million documents from a law firm in Panama may implicate politicians, criminals, and celebrities in sheltering of fortunes in offshore tax havens through the use of shell companies. Called the “Panama Papers,”...more