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Policy Memorandums Department of Justice (DOJ)

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

Venable LLP

Recent DOJ Memo on Corporate Criminal Enforcement Highlights Critical Considerations for Employers

Venable LLP on

On September 15, 2022, the Department of Justice (DOJ) released a long-anticipated memo announcing changes to its corporate criminal enforcement policies (Memo). The Memo contains helpful guidance for employers, outlining...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Corporate Criminal Enforcement Policy: U.S. Department of Justice Memorandum Announcing Revisions

The United States Department of Justice (“DOJ”) issued a September 15th memorandum titled: Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group...more

Williams Mullen

DOJ Policy Restores Settlement Agreements Involving Payments to Non-Governmental Third Parties

Williams Mullen on

Settlement agreements regarding payments to non-governmental third parties were sharply curtailed by the Trump administration. A recent DOJ policy and rulemaking restores the authority for DOJ to enter into settlements...more

Wiley Rein LLP

DOJ Rescinds Agency Guidance Policy Expanding the FCA Landscape

Wiley Rein LLP on

After a wave of defense-friendly policies under the Trump Administration, the U.S. Department of Justice (DOJ) has reversed course on agency guidance and its buyer’s remorse will enable its attorneys to try once again to...more

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

DOJ Releases Memorandum Supporting Employers’ Right to Mandate Vaccines Approved by the FDA for Emergency Use

Growing numbers of private businesses and public entities have announced policies requiring employees and others to be vaccinated against COVID-19 as a condition of employment or as a condition of access to facilities or...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #5

Allen Matkins on

Federal agencies to limit water pollution enforcement where states have taken action - Bullet The Hill – July 27 - The U.S. Department of Justice (DOJ) on Monday released a memorandom stating that it will not pursue...more

Nossaman LLP

DOJ-ENRD Issues Policy Memorandum Ending Use of SEPs in Environmental Settlements

Nossaman LLP on

On March 12, 2020, Jeffrey Bossert Clark, the Assistant Attorney General in charge of the Environment & Natural Resources Division of the U.S. Department of Justice (“DOJ-ENRD”) issued a policy memorandum formally ending the...more

Beveridge & Diamond PC

So Long To SEPs

Beveridge & Diamond PC on

The Department of Justice’s Environment and Natural Resources Division (ENRD) will no longer allow Supplemental Environmental Projects (SEPs) to be used in its civil settlements. In a 19-page memo dated March 12, 2020, ENRD...more

WilmerHale

DOJ Significantly Limits the Use of Supplemental Environmental Projects

WilmerHale on

The US Department of Justice (DOJ) Environment and Natural Resources Division has announced a major overhaul in the use of Supplemental Environmental Projects (SEPs) - a key penalty mitigation approach commonly used in...more

(ACOEL) | American College of Environmental...

Three Steps Back – DOJ Restrictions on Use of SEPs Are Misguided and Counter-Productive

The U.S. Department of Justice (DOJ) has taken three steps since June 2017 through August 2019 that severely limit the use of Supplemental Environmental Projects (SEPs) in civil environmental settlements. Those actions are...more

Foley & Lardner LLP

Post-Granston Memo, DOJ Can Use Its Dismissal Authority, but Not Without Limits

Foley & Lardner LLP on

In a memo leaked last year (the Granston Memo), the U.S. Department of Justice (DOJ) instructed its prosecutors to more seriously consider dismissing meritless whistleblower False Claims Act (FCA) cases when it is in the...more

Morgan Lewis

DOJ Affirms Commitment to Enforcing FCA, Clarifies Equitable Enforcement Policies

Morgan Lewis on

Addressing attendees at the 2019 Advanced Forum on False Claims and Qui Tam Enforcement, Deputy Associate Attorney General Stephen Cox emphasized the Department of Justice’s continued commitment to vigorous False Claims Act...more

Downs Rachlin Martin PLLC

DOJ Announces Policy Changes On Corporate Cooperation In Both Criminal And Civil Cases

On November 29, 2018, during a speech at the International Conference on the Foreign Corrupt Practices Act, U.S. Deputy Attorney General Rod Rosenstein announced changes to the Department of Justice’s (DOJ or the Department)...more

Holland & Knight LLP

DOJ Issues More Guidance Impacting Environmental Enforcement

Holland & Knight LLP on

On Nov. 8, 2018, the Department of Justice (DOJ) Office of Public Affairs issued a press release indicating that then-Attorney General Jeff Sessions signed a memorandum (presumably before resigning) the day before that...more

Bradley Arant Boult Cummings LLP

Providing Banking Services to the Legal Marijuana Industry: Mitigating Risks to Maximize Potential Rewards

Since 1996, when California became the first state to legalize marijuana (at the time, for medicinal purposes only), 28 additional states and the District of Columbia have legalized marijuana to some extent. Public support...more

Ballard Spahr LLP

Deputy AG Rosenstein Announces New DOJ Policies to Reduce 'Piling On' and Refocus Corporate Enforcement

Ballard Spahr LLP on

In a highly anticipated speech to the New York City Bar White Collar Crime Institute this morning, Deputy Attorney General Rod Rosenstein announced two new Department of Justice (DOJ) policies...more

Obermayer Rebmann Maxwell & Hippel LLP

DOJ Signals New Direction for the False Claims Act

Early this year, two memoranda issued by the United States Department of Justice (the Department) were made public. The first, outlining the Department’s new stance on dismissing a False Claims Act (FCA) case over a...more

Fisher Phillips

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Foley Hoag LLP

Defending False Claims Act Cases: Two New Tools Under the Trump Administration

Foley Hoag LLP on

Earlier this year, the Department of Justice, Civil Division, issued two policy memos that will directly affect its civil enforcement priorities, particularly with regard to healthcare and life sciences companies. The first...more

Farrell Fritz, P.C.

DOJ Memoranda Encourage Dismissal of Declined False Claims Act Cases and Prohibit Government Reliance on Noncompliance with Agency...

Farrell Fritz, P.C. on

The Department of Justice issued two memoranda at the start of 2018 that may have important effects on health care fraud investigations and prosecutions under the False Claims Act. ...more

Husch Blackwell LLP

Recent Agency Memoranda Impact Enforcement Of Environmental Violations

Husch Blackwell LLP on

The U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of Justice (“DOJ”) have recently issued memoranda concerning civil enforcement of violations, including violations of environmental laws. The January...more

Fisher Phillips

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents - New Justice Department Policy Could Aid Employers Defending...

Fisher Phillips on

A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The...more

Jackson Walker

Three Important Memos Affecting EPA Enforcement Actions

Jackson Walker on

Three memos with potentially important implications for enforcement were recently issued—one by EPA and two by the U.S. Department of Justice (DOJ)....more

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