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Department of Justice (DOJ) Jurisdiction

Snell & Wilmer

Alaska’s Legal Challenge to Tribal Gaming

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The State of Alaska (the “State” or “Alaska”) is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the State challenges federal authorization for the facility. The State...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses bank’s constitutional challenge to FDIC administrative proceedings

On March 3, the U.S. District Court for the District of Kansas dismissed a constitutional challenge to enforcement proceedings by the FDIC, ruling the court lacked subject matter jurisdiction over the plaintiff’s claims. As...more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

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In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

Davis Wright Tremaine LLP

DOJ Issues Final Rule Targeting Foreign Access to Americans’ Sensitive Data

The U.S. Department of Justice (DOJ) has issued a comprehensive final rule (the "Rule") targeting foreign access to sensitive U.S. data, including Americans' "bulk" sensitive personal data....more

Rivkin Radler LLP

The Status of the Corporate Transparency Act – It’s Not Clear

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Few would argue that the federal government does not have a legitimate interest in preventing, detecting, and punishing tax fraud, money laundering, and other financial crimes. Likewise, I imagine few would disagree with the...more

Braumiller Law Group, PLLC

Jurisdiction and History of Tariff Classification Litigation in the U.S

[Written by: Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group] Several tribunals and courts were established at various periods of America’s history to resolve trade-related litigation, both at the trial and...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

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The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more

American Conference Institute (ACI)

The DOJ’s New Pilot Programs: A Bane for Compliance Programs

For years, Department of Justice officials have stressed how important chief compliance officers are as the first line of defense in fighting corporate crimes. While that’s true, compliance programs now have a competitor in...more

White & Case LLP

DOJ Announces Pilot Program to Pay Monetary Rewards to Whistleblowers

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During the American Bar Association's 39th National Institute on White Collar Crime, Deputy Attorney General (DAG) Lisa Monaco announced the launch of the U.S. Department of Justice's (DOJ or the Department) pilot program to...more

White and Williams LLP

FTC Announces Revised Hart-Scott-Rodino Notification Thresholds Will Go into Effect March 6, 2024

On January 22, 2024, the Federal Trade Commission (the“FTC”) announced revised thresholds for pre-merger notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The revised thresholds and...more

American Conference Institute (ACI)

The Foreign Extortion Prevention Act: Much Ado About Nothing?

In December 2023, President Joe Biden signed the Foreign Extortion Prevention Act (FEPA) into law under the broader Fiscal Year 2024 National Defense Authorization Act (NDAA). While FEPA’s sponsors hailed it as “the most...more

ArentFox Schiff

Federal Jury Convicts Six Defendants of Obstructing Access to Reproductive Health Services Facility in Violation of the FACE Act...

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On January 30, a federal jury found six people guilty of federal civil rights offenses arising from their participation in a blockade of a reproductive health care clinic in Mount Juliet, Tennessee. The jury’s verdict is...more

Dorsey & Whitney LLP

New Landmark Foreign Extortion Prevention Act Targets the Demand Side of Foreign Bribery Schemes

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On December 22, 2023, President Biden signed into law the landmark, bipartisan Foreign Extortion Prevention Act (the FEPA), as part of the National Defense Authorization Act. Closing a gap in U.S. anti-corruption laws, the...more

BakerHostetler

Congress Expands DOJ’s Power to Prosecute Corruption with the Foreign Extortion Prevention Act

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Adding to federal prosecutors’ tool kit in fighting global corruption, on December 14, 2023, Congress passed with bipartisan support, the Foreign Extortion Prevention Act (FEPA). As part of the National Defense Authorization...more

Schwabe, Williamson & Wyatt PC

Revised WOTUS Rule Limits Reach of Clean Water Act

On August 29, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of water of the United States (WOTUS) that significantly curtails the agencies’ authority...more

Mintz - Antitrust Viewpoints

New Law Hikes HSR Merger Filing Fees for Large Deals and Imposes Foreign Subsidy Disclosure Requirement

Congress passed the Merger Filing Fee Modernization Act of 2022 (“Filing Fee Modernization Act”) on December 23, 2022 as part of a broader omnibus spending bill. It was signed into law by President Biden on December 29, 2022....more

Paul Hastings LLP

Latest DOJ Guidance and Non-US Companies: What to Expect and How to Handle it

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Since his election, President Joe Biden has loudly reaffirmed U.S. ambitions in the fight against global corruption, domestically and abroad. Thus, in June 2021 the “Biden memorandum” declared the fight against...more

Lowenstein Sandler LLP

District Court Imposes Limits on the Extraterritorial Reach of the Foreign Corrupt Practices Act and the Money Laundering Control...

Lowenstein Sandler LLP on

In a rare court-room victory for a Foreign Corrupt Practices Act (FCPA)1 defendant, on November 10, 2021, the United States District Court for the Southern District of Texas dismissed a three-count indictment against Daisy...more

Mintz - Antitrust Viewpoints

Body Camera Manufacturer Fails in Bid to Escape FTC Administrative Jurisdiction as Ninth Circuit Shows No Appetite for Judicial...

The FTC, and antitrust enforcement in general, are having their moment. For example, in early January the Supreme Court heard oral arguments in AMG Capital Management v. Federal Trade Commission, a case questioning the FTC’s...more

A&O Shearman

Covid–19 coronavirus: global merger review (updated 13 November 2020)

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Merger review processes are being impacted worldwide as merger control authorities adapt to take account of the consequences of Covid-19. While critical transactions are likely to be reviewed, as far as possible, in...more

Goodwin

Department of Justice Announces “Cryptocurrency: An Enforcement Framework”

Goodwin on

On October 8, 2020, the Attorney General’s Cyber Digital Task Force announced the release of a publication entitled Cryptocurrency: An Enforcement Framework (the “Enforcement Framework”). The Enforcement Framework describes...more

Mintz - Health Care Viewpoints

Seventh Circuit Adds to Circuit Split Over Standard for DOJ Dismissals in FCA Cases

The Seventh Circuit Court of Appeals recently decided a case that created a new standard to assess requests by the Department of Justice (DOJ) to dismiss declined qui tam (whistleblower) suits under the False Claims Act...more

Sullivan & Worcester

Guelph Treasure Heirs Respond to U.S. Brief that Argued Nazi Art Theft Was a Domestic Affair

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On behalf of my clients seeking restitution of the Guelph Treasure, or Welfenschatz, we filed today our supplemental brief with the U.S. Supreme Court in response to the Brief of the United States as Amicus Curiae that the...more

Foley & Lardner LLP

The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find Themselves Facing U.S. Law and...

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...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more

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