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Corruption Antitrust Division

A&O Shearman

What the U.S. Department of Justice’s new M&A safe harbor policy means for PE firms

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On October 5, 2023, Deputy Attorney General, Lisa Monaco, announced a new safe harbor policy for voluntary self-disclosures made in the mergers and acquisitions context. The safe harbor policy will apply Department-wide and...more

Lowenstein Sandler LLP

Updated: A Survey of Health Care Anti-Kickback Law at the State Level - UPDATED June 2023

Lowenstein Sandler LLP on

The federal health care Anti-Kickback Statute (Federal AKS) targets bribery and corruption in the health care industry. There are two core provisions of the Federal AKS: one targeting the bribe recipient and one targeting the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Is the DOJ’s First Criminal Monopolization Case in Decades More Bark Than Bite?

In October, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving...more

The Volkov Law Group

Antitrust Division Stumbles in Recent Criminal Cases (Part III of III)

The Volkov Law Group on

The Justice Department’s Antitrust Division has suffered setbacks in recent months. Prior to these recent cases, DOJ’s Antitrust Division secured some significant trial victories, including Bumble Bee’s former CEO Chris...more

The Volkov Law Group

Antitrust Division Enforcement – As Promised and Being Delivered

The Volkov Law Group on

The Antitrust Division’s Assistant Attorney General Jonathan Kanter promised a new era in antitrust enforcement.  He won bi-partisan support from both Republicans and Democrats.  Across the antitrust field, he promised...more

Wilson Sonsini Goodrich & Rosati

DOJ Antitrust Division Updates Corporate Leniency Policy

The U.S. Department of Justice, Antitrust Division's (the Division) Corporate Leniency Policy has been a central pillar of the Division's criminal cartel enforcement for nearly 30 years. Under the Corporate Leniency Policy,...more

Morrison & Foerster LLP

2022 Predictions for Litigation, Investigations, and Enforcement Actions Affecting the Automotive Industry

Morrison & Foerster’s Automotive Task Force represents automotive industry clients in their most significant legal matters. We have tapped our multidisciplinary Automotive Task Force to get their opinions on what is likely...more

The Volkov Law Group

CCOs and Criminal Cartel Compliance Programs (Part II of III)

The Volkov Law Group on

Chief compliance officers have plenty of things to do and risks to manage.  CCOs have a unique remit and a set of skills that should be applied whenever needed.  While I am not trying to increase CCO workload (and forgive me...more

The Volkov Law Group

Department of Justice Does the Two-Step and Announces Criminal Conspiracy Charges Against Aerospace Executives

The Volkov Law Group on

When the Department of Justice warns businesses and individuals, everyone needs to listen and respond accordingly.  Starting in 2016, the Justice Department’s Antitrust Division warned businesses that the Antitrust Division...more

The Volkov Law Group

HR and CCOs Watch Out!! — The Antitrust Division Doubles Down on Labor Market Criminal Cartel Activity

The Volkov Law Group on

The Justice Department’s Antitrust Division has targeted collusion in labor markets for criminal prosecution.  This was not unexpected.  Indeed, the Antitrust Division gave plenty of warning to companies that criminal...more

The Volkov Law Group

DOJ Antitrust’s Ongoing Criminal Investigation of Labor Market Collusion in Health Care Industry Nets DaVita and Former CEO

The Volkov Law Group on

The health care industry is taking it on the chin these days.  As DOJ increases False Claims Act prosecutions, the primary targets are pharmaceutical, medical device and health care providers. ...more

The Volkov Law Group

Contech Engineered Pleads Guilty and Agrees to Pay $8.5 Million for Bid-Rigging and Fraud

The Volkov Law Group on

The Antitrust Division has pushed bid-rigging and price-fixing prosecutions of government contractors.  It is long overdue – fraud enforcement has uncovered a number of bid-rigging and price-fixing schemes among government...more

The Volkov Law Group

Too Big to be Accountable: The Big Case Dilemma

The Volkov Law Group on

Over the last twenty year (yes, 20 years), the Justice Department’s civil and criminal enforcement record has come under greater scrutiny.  Whether you call it “Too Big To Jail” or “Too Big to Fail,” questions continue to...more

The Volkov Law Group

DOJ Indicts Former CEO of Cancer Treatment Company for Conspiracy

The Volkov Law Group on

The Justice Department’s Antitrust Division’s criminal enforcement program is having a strong year.  Since completing its long-term and record-setting prosecution of Japanese auto parts suppliers, the Antitrust Division...more

The Volkov Law Group

DOJ’s Focus on Criminal Antitrust Enforcement and Government Procurement

The Volkov Law Group on

Criminal investigations and enforcement programs ebb and flow – not necessarily because of a lack of initiative or some intentional slowdown.  Cases take time to investigate and prosecute....more

The Volkov Law Group

DOJ Criminal Generic Pharma Price-Fixing Investigation Gathers Steam: Taro Pharmaceuticals Agrees to Pay DOJ Total of $419 Million

The Volkov Law Group on

The DOJ Antitrust Division’s multi-year criminal cartel investigation of the generic pharmaceutical industry is gaining steam.  The latest company to settle is Taro Pharmaceuticals which agreed to enter a deferred prosecution...more

The Volkov Law Group

Five Key Elements of an Antitrust Compliance Program: Risk Assessments (Part I of III)

The Volkov Law Group on

In July 2019, the U.S. Justice of Department’s Antitrust Division ended a long-running controversy surrounding compliance program credit by issuing its Evaluation of Corporate Compliance Programs in Criminal Antitrust...more

The Volkov Law Group

DOJ Catches Big Fish in Generic Pharmaceutical Criminal Antitrust Investigation

The Volkov Law Group on

The Justice Department’s Antitrust Division announced a major guilty plea with Sandoz, Inc., in its expanding criminal investigation of the generic pharmaceutical industry....more

Morgan Lewis

DOJ's Antitrust Division Convicts Seventh Foreign Executive Following Extradition Proceedings

Morgan Lewis on

The latest extradition of a foreign executive highlights ongoing efforts by the US Department of Justice’s Antitrust Division to arrest foreign executives abroad in order to face charges in the United States....more

Thomas Fox - Compliance Evangelist

Antitrust Compliance Programs: Part 4 – Sentencing Considerations

As the third in a triumvirate of releases on compliance programs, the Department of Justice (DOJ) Antitrust Division released its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations(Antitrust...more

Thomas Fox - Compliance Evangelist

On the Importance of Effective Compliance Programs (and subregulatory guidance)

Compliance Week 2019 is in full swing. The conference opened with a very interesting talk by Principal Deputy Associate Attorney General Claire McCusker Murray. She provided some excellent insights for the compliance...more

The Volkov Law Group

Japanese Electrolytic Capacitor Manufacturer Settles Criminal Antitrust Case and Pays $60 Million Fine for Illegal Price-Fixing

The Volkov Law Group on

The Justice Department’s Antitrust Division had a slow year in criminal antitrust cases. There are a number of explanations for the slowdown in criminal cases – the most persuasive is that such a slowdown is part of normal...more

The Volkov Law Group

“Too Important to Jail,” the Yates Memorandum and FCPA Criminal Prosecutions

The Volkov Law Group on

The Justice Department’s continuing lack of individual criminal prosecutions in the FCPA arena continues to raise serious questions. DOJ’s issuance of the Yates memorandum was seen as a new and important reiteration of DOJ’s...more

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