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Corporate Misconduct

The Volkov Law Group

DOJ’s Enforcement and Compliance Changes: Weighing the Pros and Cons of Voluntary Disclosures

The Volkov Law Group on

The Justice Department certainly has altered the landscape of enforcement, compliance priorities, and ultimately corporate decisions surrounding voluntary disclosure.  It has become a little bit more complicated to sort out...more

Foley Hoag LLP

United States v. Elizabeth Holmes and Ramesh Balwani

Foley Hoag LLP on

I. WHY THIS CASE MADE THE LIST - A highly publicized and long-running multi-agency action against the former Chief Executive Officer and the former Chief Operating Officer of Theranos Inc. resulted in criminal convictions...more

Morgan Lewis

US Attorneys Emphasize Benefits of New Voluntary Self-Disclosure Policy

Morgan Lewis on

Assistant Attorney General (AAG) Kenneth A. Polite Jr. of the US Department of Justice’s (DOJ’s) Criminal Division recently joined several high-profile, diverse US Attorneys at the inaugural Charlotte E. Ray Lecture and White...more

Barnea Jaffa Lande & Co.

Cooperating May Credit Corporations with Leniency in Enforcement

Last September, US Deputy Attorney General Lisa Monaco issued a memorandum instructing the various departments in the Department of Justice to adopt a lenient enforcement policy toward corporations. The aim of this policy is...more

The Volkov Law Group

Refreshing and Elevating Your Sanctions Compliance Program (Part II of III)

The Volkov Law Group on

Let’s move beyond the headline – trade compliance is the new FCPA.  We get it.  The next step is to do something about it.  The Justice Department has repeated this refrain – it is one of its greatest hits.  In addition, DOJ,...more

The Volkov Law Group

Corporate Governance Challenges in an Evolving Risk Era

The Volkov Law Group on

We are living in a rapidly changing economic landscape. Companies are under the gun to navigate “traditional issues,” such as challenging economic conditions ranging from inflation, and a predicted recession, to supply chain...more

Husch Blackwell LLP

DOJ Updates FCPA Corporate Enforcement Policy

Husch Blackwell LLP on

On January 17, 2023, Assistant Attorney General (AAG) Kenneth Polite, Jr. announced updates to the Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy. Since the inception of the FCPA Corporate Enforcement...more

The Volkov Law Group

Corporate Culture: Monitor, Intervene and Remediate (Part III of III)

The Volkov Law Group on

Once defined, installed, and surrounded with a consequence management system, a corporate culture is not fixed in stone.  To the contrary, as the business adapts through growth, innovation or in response to outside market and...more

The Volkov Law Group

Promoting Your Corporate Culture – Accountability and Messaging (Part II of III)

The Volkov Law Group on

As a company’s most valuable intangible asset, we have witnessed the wreckage of companies that have fallen victim to reputational damage, scandal and ultimately the wasteland of a rotten corporate culture.  In these...more

Akin Gump Strauss Hauer & Feld LLP

Federal Agency Settlements with Wells Fargo Illustrate Sanctions Risks Involving IT Systems

Key Points - On March 30, 2023, OFAC announced a settlement agreement with Wells Fargo for 124 apparent violations of three different sanctions programs (Iran, Syria and Sudan), all related to a legacy Wachovia Bank...more

Hogan Lovells

DOJ’s Consumer Protection Branch rolls out new voluntary self-disclosure policy

Hogan Lovells on

On March 3, 2023, the Consumer Protection Branch (CPB) of the Civil Division of the U.S. Department of Justice (DOJ) publicly released a new voluntary self-disclosure policy (“CPB VSD Policy”). The CPB VSD Policy seeks to...more

The Volkov Law Group

Microsoft’s OFAC Settlement Underscores Important Remedial Measures (Part II of II)

The Volkov Law Group on

Microsoft’s remedial steps provide important best-practices for companies facing similar risk factors in the global economy, especially for global software companies that rely on Internet-based operations....more

White & Case LLP

The UK's Second Economic Crime Plan - An Increasing Burden on the Private Sector?

White & Case LLP on

The UK's second economic crime plan builds on the previous plan (2019-2022) and addresses issues that have risen to the fore i.e. the dramatic increase in fraud, the new sanctions landscape, reform of corporate criminal...more

Dunlap Bennett & Ludwig PLLC

Department Of Justice Recent Updates To Voluntary Self-Disclosure Policy

In February 2023, the US Department of Justice (DOJ) announced a formal Voluntary Self-Disclosure Policy (the DOJ Policy) that reinforces a memorandum issued by Deputy Attorney General Lisa Monaco directing US Attorney’s...more

Arnall Golden Gregory LLP

DOJ Announces More Corporate Enforcement Policies Coordinating Its Attack on Corporate Malfeasance

On the heels of its revised Corporate Enforcement Policy announced in January 2023, the Department of Justice (“DOJ”) announced more policies aimed at prosecuting and deterring corporate misconduct. In late February and early...more

J.S. Held

Building a Strong Compliance Program That Meets the Revised DOJ Corporate Enforcement Policy

J.S. Held on

A corporate compliance program can be thought of as a magnet that brings a company’s compliance efforts together. It is an operational program, not simply a code of expected ethical behavior. An effective compliance...more

The Volkov Law Group

Wells Fargo Fumbles Sanctions Compliance Demonstrating An Absence of Culture of Compliance (Part II of II)

The Volkov Law Group on

Not that I am a glutton for punishment, but I always find enforcement actions to supply a number of valuable lessons learned. There are always instructive nuggets of information, opportunities missed, and root causes that...more

Williams Mullen

DOJ Implements Corporate Self-Disclosure Policy for Criminal Misconduct

Williams Mullen on

A new voluntary self-disclosure policy issued by the United States Department of Justice (DOJ) provides incentives for companies that voluntarily report criminal misconduct by their employees or agents....more

Zuckerman Spaeder LLP

General Counsels Beware: Assume That Anything Can Go Viral in the #MeToo Era

Zuckerman Spaeder LLP on

In March 2023, at the American Bar Association’s White Collar Crime Institute in Miami, Gary S. Lincenberg moderated a panel of general counsels. The panel covered a range of different issues; this post focuses on the...more

The Volkov Law Group

Wells Fargo Pays OFAC $30 Million to Settle Sanctions Violations (Part I of II)

The Volkov Law Group on

In our lifetime (however long or short), there is no way any company will ever match Wells Fargo for its record of misconduct, criminal and civil enforcement, and regulatory fines and penalties.  No one, no way....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOJ Unveils New Policy for Companies to Voluntarily Self-Disclose Misconduct

U.S. attorneys for the Southern District of New York and for the Eastern District of New York Damian Williams and Breon Peace recently announced a new policy that sets national standards for when corporations will receive...more

Practising Law Institute (PLI)

[Hybrid Event] Compliance & Ethics Essentials - June 26th - 27th, New York, NY

During the past year, we've received several important pronouncements from the DOJ and SEC on their expectations from corporations in terms of proactive fraud prevention, consistent regulatory compliance, and ESG disclosures....more

Practising Law Institute (PLI)

[Hybrid Event] Compliance & Ethics Essentials - April 20th - 21st, Chicago, IL

During the past year, we've received several important pronouncements from the DOJ and SEC on their expectations from corporations in terms of proactive fraud prevention, consistent regulatory compliance, and ESG disclosures....more


EU Whistleblower Protection Directive – February Round Up


An overview of the Directive - Since the transposition deadline of the EU Whistleblowing Protection Directive on December 17, 2021, EU countries and organizations have been scrambling (and struggling) to transpose the...more

Seward & Kissel LLP

Knock-for-Knock Indemnities

Seward & Kissel LLP on

A knock-for-knock indemnity clause is a contractual risk allocation mechanism commonly utilized in the oil and gas industry. Charterparties and other maritime contracts concerning vessels also sometimes include this concept....more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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