News & Analysis as of

Dept. of Justice

The United States Department of Justice is a federal executive department established in 1870 by federal statute. The Department is headed by the Attorney General and is responsible for administering and... more +
The United States Department of Justice is a federal executive department established in 1870 by federal statute. The Department is headed by the Attorney General and is responsible for administering and enforcing federal law. The Department is compromised of many different divisions which handle a wide variety of civil and criminal issues.    less -

Helping Employers Wade Through the Weeds of California's Marijuana Legalization Law

by Nossaman LLP on

On November 8, 2016, California voters passed Proposition 64, or the Adult Use of Marijuana Act, which immediately made it legal for adults 21 years of age and older to possess and cultivate specific amounts of marijuana for...more

Congratulations to Vermont

by Burns & Levinson LLP on

Last week, the Vermont House and Senate passed H.511, which seeks to permit recreational- and adult-use marijuana in the state. The law would remove civil penalties by allowing individuals to possess one ounce or less of...more

Client Alert: AT & T - Time Warner Merger Challenge Might Signal Policy Change on Vertical Mergers

The Department of Justice (“DOJ”) recently sued to block AT&T’s $85.4 billion bid for Time Warner, stating that such a merger would harm consumers by weakening competition. The lawsuit signals a policy change that “vertical...more

Global Anti-Bribery Year-in-Review: 2017 Developments and Predictions for 2018

by WilmerHale on

This past year marked the 40th anniversary of the U.S. Foreign Corrupt Practices Act (“FCPA”). Since its enactment in 1977, the U.S. Department of Justice (the “DOJ”) has brought approximately 300 FCPA enforcement actions,...more

New Fed Cannabis Policy Hits California Local Government - Potential Fiscal Impacts and Confusion

by Best Best & Krieger LLP on

Just days after the sale of recreational cannabis became legal in California, U.S. Attorney General Jeff Sessions issued a new policy regarding cannabis-related activities that is causing confusion for local governments — and...more

Presumption of Declination with Voluntary Disclosure, Cooperation, and Remediation of FCPA Violations

Deputy Attorney General Rod J. Rosenstein recently announced a revision to the U.S. Department of Justice (“DOJ”) policy on corporate enforcement of the Foreign Corrupt Practices Act (“FCPA”). The revision codifies a pilot...more

US Attorney General Sessions reverses Obama administration policy on cannabis

by Dentons on

In a memorandum issued on January 4, 2018, Attorney General Jeff Sessions reversed an Obama-era policy that the Department of Justice (DOJ) would not devote resources to the prosecution of persons acting in compliance with...more

Using a Root Cause Analysis

by Thomas Fox on

In my last post, I began considering the Prong of the Evaluation of Corporate Compliance Programs (Evaluation) which was not present in the Ten Hallmarks of an Effective Compliance Program, the root cause analysis. ...more

Regulatory Update and Recent SEC Enforcement Actions

by Blank Rome LLP on

Funds and Investment Management - REGULATORY UPDATES - Novel Exchange Traded Fund (“ETF”) to be Powered by IBM’s Watson - On October 17, 2017, San Francisco-based “EquBot” announced that it is launching an ETF...more

Sessions Jeopardizes Safe Haven for Cannabis Industry

by Cozen O'Connor on

On January 4, Attorney General Jeff Sessions rescinded the Obama-era protection that has allowed the cannabis industry to flourish despite marijuana being illegal under federal law. In 2013, then-Deputy Attorney General James...more

Cannabis Podcast — Update on Sessions Memo

by Pepper Hamilton LLP on

On January 4, 2018, Attorney General Jeff Sessions issued a memo to all U.S. Attorneys discussing marijuana enforcement. The one-page memo rescinds previous DOJ guidance on marijuana enforcement, and has been seen by some as...more

Rescission of Medical Marijuana Memoranda

by Dickinson Wright on

Attorney General Jeff Sessions issued a one-page memorandum on January 4, 2018 (the “Sessions Memo”) rescinding both the Cole and Ogden Memoranda which essentially established a Department of Justice (“DOJ”) prosecutorial...more

Global Connection - January 2018

by Snell & Wilmer on

Dear Friend of Snell & Wilmer: The past year brought significant changes across a variety of political, legal, and policy spheres, and the world of U.S. international trade law was no exception. This edition of the...more

Fifth Circuit Reluctantly Holds that Government May Collect Both Restitution and Forfeiture When it is Victim

by Locke Lord LLP on

When recovering the loss amount due to commission of a crime, the criminal justice system has two main tools: forfeiture and restitution. Forfeiture gives the government the authority to seize a defendant’s assets that were...more

FinCen Confirms Marijuana Banking Guidance Remains In Place Despite DOJ Policy Reversal

by Fox Rothschild LLP on

Reuters is reporting today that the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) was caught off guard by Attorney General Jeff Sessions’ announcement last week that the Justice Department was reversing...more

DOJ Releases its 2017 False Claims Act Recovery Statistics

On December 21, 2017, the United States Department of Justice (DOJ) released its annual False Claims Act (FCA) recovery statistics for fiscal year (FY) 2017. The press release measures the DOJ’s total haul at $3.7 billion....more

Financial Services Weekly News - January 2018

by Goodwin on

Editor's Note - A Busy Holiday Season. We hope that all of you had a happy holiday season and wish everyone a happy, healthy and prosperous new year. While the Roundup has been on hiatus during the holidays, the federal...more

FinCEN Retaining Bank Secrecy Act Marijuana Guidance — At Least for Now

As we reported last week, U.S. Attorney Jeff Sessions issued a memorandum on January 4 rescinding the seminal cannabis “Cole Memo” and other DOJ guidance involving cannabis. This has raised continuing issues and confusion for...more

OIG Scrutiny of Patient Assistance Programs

by Shipman & Goodwin LLP on

Last week, one of the largest charity patient assistance programs in the country, Caring Voice Coalition, announced that it would not be offering financial assistance for any of its disease funds in 2018. This announcement...more

Growing Industry Lacks I.P. Protection

by Fox Rothschild LLP on

A trademark may give a business the right to stop others from using these marks to sell similar goods or services or using marks that may be confusingly similar. However, federal trademark protection is out of reach for...more

United Therapeutics Enters False Claims Act Settlement Pertaining to Patient Assistance Program

by Arnall Golden Gregory LLP on

On December 20, 2017, United Therapeutics Corporation, a Silver Spring, Maryland-based pharmaceutical company that manufactures and sells a number of drugs to treat pulmonary arterial hypertension (PAH), agreed to pay $210...more

Hey, You, Get Off Of My Cloud – New DOJ Approach To Remote Data Storage

by Bracewell LLP on

Last month, the Department of Justice’s Computer Crime and Intellectual Property Section, Criminal Division (“CCIPS”) issued new guidance advising prosecutors seeking enterprise customer data stored “in the cloud” to attempt...more

DOJ Memo Clouds Marijuana Industry's Future

by Holland & Knight LLP on

• The marijuana industry that was expected to generate roughly $40 billion in economic impact nationwide by 2021 is at a crossroads given a recent move by U.S. Attorney General Jeff Sessions to eliminate certain protections...more

DOJ Announces $3.7 Billion in 2017 FCA Recoveries

by Morgan Lewis on

DOJ highlights healthcare, housing and mortgage, and procurement fraud as largest areas of recovery; impending changes under the new tax legislation could limit tax deductions for False Claims Act payments....more

Another Banner Year for False Claims Act Recoveries Signals More of the Same for 2018

by Blank Rome LLP on

The Department of Justice (“DOJ”) reported $3.7 billion in False Claims Act (“FCA”) settlements and judgments for fiscal year 2017, the 8th straight year of 3-plus-billion-dollar recoveries and 700-plus new cases filed....more

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