Federal whistleblowers have been exposing health care fraud for years. The False Claims Act (“FCA”) contains robust whistleblower provisions and protections that reward whistleblowers with financial payouts. The process for…
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/ Commercial Law & Contracts, Government Contracting, Health, Insurance
We have seen an explosion in the attention paid to legal, compliance and operational risks companies face in supply chain operations. Depending on the industry, companies have to address a wide-swath of supply chain risks,…
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/ Commercial Law & Contracts, International Law & Trade
The U.S. Securities and Exchange Commission (“SEC”) recently instituted proceedings against Deere & Company (“John Deere”), a leading global manufacturer of agricultural and heavy machinery, for multiple violations of the…
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/ Business Organizations, Commercial Law & Contracts, International Law & Trade, Securities Law
Diligent conducted numerous board education sessions at which board members spoke about new and significant risks; these included increased stakeholder expectations and the burdensome review of education and documentation prior…
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/ Business Organizations, Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology
The issue was a professional debate over the reporting relationship between the chief compliance officer (CCO) and the chief legal officer (CLO)/general counsel. After 20 years of debate, CCOs managed to sway the professional…
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/ Business Organizations, Commercial Law & Contracts, International Law & Trade
How will the DOJ's new corporate whistleblower pilot program reshape the enforcement of corporate criminal conduct?
In this episode of Corruption, Crime, and Compliance, Michael Volkov explores the Department of Justice's…
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/ Energy & Utilities, Finance & Banking, International Law & Trade, Science, Computers, & Technology, Securities Law
On August 30, 2024, the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”) announced the settlement of a record $200 million administrative enforcement action with RTX Corporation—a multinational aerospace…
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/ Business Organizations, Commercial Law & Contracts, International Law & Trade
DOJ is pushing hard for voluntary disclosures and urging companies to take advantage of its Voluntary Disclosure Program. The carrot is significant — a declination in exchange for cooperation, remediation and disgorgement…
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/ Business Torts, Consumer Protection, Criminal Law
The Securities and Exchange Commission is catching up to DOJ. Not in enforcement but in transparency. After years of criticism, the Justice Department has set the gold standard for transparency and providing guidance on…
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/ Administrative Law, Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law
The Justice Department is encouraging companies to voluntarily disclose criminal violations — “Come in and confess” and DOJ offers promises of a declination. But even a declination comes with a requirement — the company has to…
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/ Business Organizations, Commercial Law & Contracts, Criminal Law, International Law & Trade
Compliance lessons are life lessons. Compliance professionals are, by their nature, optimistic people. They see challenges as new opportunities to strive closer to an ideal. Compliance professionals live in the shadow of the…
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/ Business Organizations, Commercial Law & Contracts, International Law & Trade
DOJ’s Antitrust Division has been relatively quiet in prosecuting criminal cartel or bid-rigging cases. Since 2015, the Antitrust Division’s criminal enforcement has fallen from the billions in penalties each year to the lower…
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/ Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Transportation, Government Contracting
On August 15, 2024, the U.S. Department of Commerce’s Office of Export Enforcement (“OEE”) announced the settlement of the latest administrative enforcement action involving TE Connectivity Corporation—a Pennsylvania-based…
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/ Administrative Law, Commercial Law & Contracts, International Law & Trade
While FCPA enforcement against companies has been relatively quiet this year, despite a strong beginning to the year — the SAP case for $220 million; and the Gunvor case for $661 million — DOJ has been pushing a number of…
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/ Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, International Law & Trade
DOJ is joining the whistleblower reward sweepstakes in a big way. While the SEC has been grabbing headlines for its whistleblower reward program since 2010, DOJ now wants a piece of the action. DOJ cited gaps that exist under…
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/ Civil Rights, Commercial Law & Contracts, Labor & Employment Law, International Law & Trade, Securities Law
