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McDermott Will & Emery

Special Report: Preparing for CIRCIA’S Reporting Requirements and Avoiding Its Harsh Penalties

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The US Cybersecurity and Infrastructure Security Agency (CISA) recently published a Notice for Proposed Rulemaking intended to supplement the Cybersecurity Incident Reporting for Critical Infrastructure Act (CIRCIA). The...more

White & Case LLP

DOJ to Evaluate AI Risk Management and Whistleblower Protections in Corporate Compliance Programs

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Over the past year, the Department of Justice ("DOJ") has warned that it will seek stiffer sentences for offenses made significantly more dangerous by the misuse of artificial intelligence ("AI") and has asked the US...more

A&O Shearman

Hong Kong Government considers changes to proposed critical infrastructure cybersecurity law

A&O Shearman on

The Security Bureau has completed its one-month consultation on its proposal in relation to the Protection of Critical Infrastructures (Computer Systems) Bill (the "Bill") and released the consultation report in its...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 30-October 4, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Hill - evidence, theft, false claim - Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision - Johnson v. Terry - Bivens claims, rehearing...more

Dorsey & Whitney LLP

The Supreme Court Update - October 4, 2024

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Today, the Supreme Court of the United States granted certiorari in 15 cases: Waetzig v. Halliburton Energy Solutions, No. 23-971: This case concerns the intersection between Federal Rule of Civil Procedure 41, which...more

ArentFox Schiff

Eleventh Circuit Makes Wide-Ranging Ruling on Application of Co-Conspirator Hearsay Exception

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Last week, the Eleventh Circuit held that a conspiracy need not be unlawful to introduce co-conspirator statements under Federal Rule of Evidence 801(d)(2)(E), reversing the district court’s exclusion of certain statements....more

Kohrman Jackson & Krantz LLP

Title IX Challenges for Students with Autism Spectrum Disorder

Two major trends are simultaneously unfolding on college and university campuses around the country. One, growing numbers of students with autism spectrum disorder (ASD) are being accepted into higher education. Two, colleges...more

ArentFox Schiff

Investigations Newsletter: Florida Federal Judge Strikes Down FCA’s Qui Tam Provision as Unconstitutional

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Florida Federal Judge Strikes Down FCA’s Qui Tam Provision as Unconstitutional - On September 30, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in a historic decision that the federal...more

King & Spalding

Department of Justice Continues to Focus on AI This Week

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On September 23, 2024, the U.S. Department of Justice (Department) announced that it had updated its guidance to prosecutors on how to evaluate the effectiveness of a corporation’s compliance program. The guidance, known as...more

The Volkov Law Group

Episode 339: Four Sanctions Cases Everyone Should Know

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How prepared is your organization to handle the evolving landscape of sanctions compliance? In this episode of Corruption, Crime and Compliance, Michael Volkov dives into critical sanctions compliance cases and their...more

Mayer Brown

Senate Unanimously Holds Corporate Executive in Contempt of Congress for Failing to Comply with a Committee Subpoena

Mayer Brown on

On September 25, the US Senate held a corporate CEO in criminal contempt of Congress after he refused to comply with a subpoena to appear at a congressional hearing. Three days later, the company announced his resignation....more

Kilpatrick

Corporate Transparency Act Beneficial Ownership Report Filing Deadline for Companies Formed Before This Year is January 1, 2025 |...

Kilpatrick on

As we have previously reported, the federal Corporate Transparency Act (CTA) requires most privately held companies organized in the U.S. and foreign companies that register to do business in a U.S. state to file an online...more

Orrick, Herrington & Sutcliffe LLP

DOJ Updates Corporate Compliance Guidance, Takes Aim at AI, Emerging Technologies, and Data Analytics

Last week, the U.S. Department of Justice (DOJ) released an updated version of its Evaluation of Corporate Compliance Programs (ECCP) guidance, with key updates reinforcing the DOJ’s focus on the risks associated with...more

Thomas Fox - Compliance Evangelist

2024 ECCP-Embracing Continuous Improvement

In her recent speech at the Society of Corporate Compliance and Ethics 23rd Annual Compliance & Ethics Institute, Principal Deputy Assistant Attorney General Nicole M. Argentieri discussed the Evaluation of Corporate...more

Bracewell LLP

Keeping an Eye on AI: DOJ Updates its Playbook for Corporate Compliance

Bracewell LLP on

On September 23, 2024, Principal Deputy Assistant Attorney General Nicole Argentieri announced that the US Department of Justice (DOJ) had issued updated guidance to federal prosecutors in its “Evaluation of Corporate...more

Buchalter

Historic AML Prosecution, Previously Led by Shareholder Daniel Silva: Wynn Las Vegas Agrees to $130M Penalty in Largest-Ever...

Buchalter on

On September 6, 2024, Wynn Las Vegas (“Wynn LV”) agreed to forfeit over $130 million to resolve a criminal investigation into the gaming giant’s suspected violated federal anti-money laundering (“AML”) laws. Daniel Silva, a...more

Verrill

It’s Time to Recognize the Hypocrisy of Sports Gambling Laws And Let Pete Rose into the MLB Hall of Fame

Verrill on

“Charlie Hustle” died this week – 35 years after being banned for life from Major League Baseball and from enshrinement into its Hall of Fame. I don’t need to regurgitate Pete Rose’s stats; anyone who saw him play knows how...more

DLA Piper

Cartel Enforcement is Evolving Across the Americas. Here Are Three Aspects to Consider

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Competition enforcers throughout the Americas focus their efforts to investigate and prosecute antitrust cartels: agreements between competitors to fix prices, rig bids, or allocate markets....more

DLA Piper

Company Liability in South Africa: Take Adequate Steps to Prevent Corruption or Face Criminal Prosecution

DLA Piper on

An amendment to South Africa’s Prevention and Combating of Corrupt Activities Act (PRECCA) in April 2024 has created a new criminal offense relating to the failure by members of the private sector or state-owned entities...more

DLA Piper

EU-Wide Corporate Criminal Law: Tightening the Reins

DLA Piper on

The Council of the European Union recently submitted its proposal in the ongoing legislative process for a new directive to combat corruption in the EU. The new directive will allow the EU to impose worldwide...more

Troutman Pepper

Kentucky AG Clarifies Legal Status of Gray Machines and Risk-Free-Play Devices – Implications for the Industry

Troutman Pepper on

Gambling machines in Kentucky have recently come under increased scrutiny following the enactment of House Bill 594, which amended the definition of “gambling device” under Kentucky law, effective June of last year. The law...more

Mayer Brown

US DOJ Provides Details About Its Whistleblower Pilot Program in Practice and More US Attorneys’ Offices Launch Their Own Programs

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On September 17, 2024, senior officials from the US Department of Justice (DOJ) gave comments offering insight into its new Corporate Whistleblower Awards Pilot Program (“Pilot Program”) as it has operated in practice so far....more

Fox Rothschild LLP

FCA 101: Falsity

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To prove a False Claim under the False Claims Act (FCA), the government or relator must establish three elements: 1.Falsity; - 2.Knowledge; and - 3.Materiality. In this blog post, we will explore the Falsity element. ...more

DLA Piper

DOJ's Revised ECCP Signals Expectations of a Data-driven Compliance Program

DLA Piper on

On September 23, 2024, Principal Deputy Assistant Attorney General Nicole M. Argentieri announced much-anticipated revisions to the US Department of Justice (DOJ)’s Evaluation of Corporate Compliance Programs (Revised ECCP)...more

The Volkov Law Group

Commerce Department Updated its Voluntary Self-Disclosure Policy for Export Controls Violations

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The Commerce Department’s Bureau of Industry and Security (“DOC-BIS”) is adopting procedures to generate voluntary self-disclosures for violations of export controls laws.  Companies have to weigh carefully the risks when...more

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