Popular, Yates Memorandum

A Look Ahead into Corporate Enforcement in the Biden Administration

WilmerHale on 11/10/2021

Just one year after President Biden’s election, senior administration officials have signaled in public remarks that the federal government will amplify enforcement pressure on corporations and their employees through...more

Day 13 of One Month to Better Investigations and Reporting-The Yates Memo and Internal Investigations

Thomas Fox - Compliance Evangelist on 6/19/2017

When then Assistant Attorney General Sally Yates, announced the Memo that bears her name, she said the following, “we have revised our policy guidance to require that if a company wants any credit for cooperation, any credit...more

Day 8 of One Month to Better Investigations and Reporting Day 8-Preparing for the Investigation

Thomas Fox - Compliance Evangelist on 6/12/2017

Properly Scoped Investigation by Qualified Personnel – How has the company ensured that the investigations have been properly scoped, and were independent, objective, appropriately conducted, and properly documented? These...more

Everything Compliance-Episode 11, the first 100 Days of the Trump Administration, Part II

Thomas Fox - Compliance Evangelist on 5/18/2017

In this second of a two-part series, we conclude the panel’s discussion of the first 100 days of the Trump administration as it relates to compliance. This episode concludes with the panelists’ rants. 1. Matt Kelly opens...more

Cybersecurity Remains a Hot Topic for Boards in 2017

Snell & Wilmer on 4/6/2017

Each year, a number of surveys and commentators describe and predict the trending topics of interest and importance to boards of directors in the for-profit and non-profit sectors. As we wrap up the first quarter of 2017, it...more

FCPA Compliance Report-Episode 319-Brandon Essig on Prosecutor's View of the Yates Memo

Thomas Fox - Compliance Evangelist on 3/30/2017

In this episode I visit with Brandon Essig, a former DOJ prosecutor when the Yates Memo was released. He discusses the impact of the Yates Memo inside the DOJ and the triage that prosecutors use on cases in response....more

Shearman & Sterling’s Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act (FCPA)/FCPA Digest -...

A&O Shearman on 1/4/2017

Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best...more

FCPA Enforcement Going Forward in the Trump Administration

Thomas Fox - Compliance Evangelist on 11/14/2016

Donald Trump has gone on the record as saying the Foreign Corrupt Practices Act (FCPA) is a “horrible law and it should be changed” and that it puts US businesses at a “huge disadvantage.” This statement was made in the...more

Key Takeaways: Fourth Annual Seminar for Pharmaceutical, Biotechnology and Medical Device Companies

Skadden, Arps, Slate, Meagher & Flom LLP on 10/26/2016

On October 5, 2016, Skadden hosted its Fourth Annual Seminar for Pharmaceutical, Biotechnology and Medical Device Companies. The seminar focused on the current and developing challenges facing such companies and included...more

DOJ Criminal Prosecution of Wells Fargo: What to Expect?

The Volkov Law Group on 10/19/2016

Compliance and enforcement headlines have focused on the Wells Fargo scandal. And for good reason. On September 8, 2016, the Consumer Financial Protection Bureau, the Comptroller of the Currency and the Los Angeles...more

Lessons Learned from the FCPA Pilot Program's First Six Months

Troutman Pepper on 10/7/2016

The guidance issued by the DOJ in connection with the Pilot Program and recent declinations state that disclosure, remediation and cooperation are essential to any favorable resolution with the government. Six months...more

DOJ Announces Settlement with Tuomey CEO Following Yates Memo Directive to Hold Individuals Accountable

King & Spalding on 10/6/2016

The Department of Justice’s recent settlement with a healthcare system executive indicates a continued focus on pursuing individuals in enforcement actions. On September 27, 2016, the DOJ announced it reached a $1 million...more

Key Takeaways: Government Enforcement Investigations – Trends and Perspectives from the UK, US and China

Skadden, Arps, Slate, Meagher & Flom LLP on 10/3/2016

On September 20, 2016, Skadden presented a seminar titled “Government Enforcement Investigations – Trends and Perspectives from the UK, US and China” in London. The UK Financial Conduct Authority (FCA) Director of Enforcement...more

Global Government Solutions® 2016 Mid-Year Outlook

K&L Gates LLP on 7/25/2016

This newest edition of the Global Government Solutions® series highlights increased government involvement in global commerce and provides the latest regulatory information corporate leaders need to navigate the intersection...more

Enforcement Week I: Troubling Questions Raised in HSBC Prosecution

Thomas Fox - Compliance Evangelist on 7/18/2016

We had an interesting week of anti-corruption enforcement actions last week, both in the US and the UK. We have now had four Foreign Corrupt Practices Act (FCPA) enforcement actions since the announcement of the Depart Of...more

Jury Acquits Former Pharma Exec in One of the First Post-Yates Memo Health Care Fraud Prosecutions

Mintz - Health Care Viewpoints on 6/28/2016

Like many before it, this year has been one to watch in government health care fraud enforcement efforts. In September 2015, the Department of Justice (DOJ) released the “Yates Memo,” which reaffirmed the government’s...more

This Week in FCPA-Episode 1

Thomas Fox - Compliance Evangelist on 4/22/2016

In this initial This Week in FCPA, Episode 1, Jay Rosen and I review this week's happenings in the world of FCPA. Today we discuss the 4th anniversary of the New York Times story about Wal-Mart in Mexico, the Harder guilty...more

DOJ Fraud Section Offers Super Credit in FCPA Pilot Program

Foley & Lardner LLP on 4/9/2016

This week, the Fraud Section of the Department of Justice (DOJ) announced a pilot program that extends additional “mitigation credit” to qualifying companies that “fully cooperate” in matters involving the Foreign Corrupt...more

Legal Issues Business Leaders Need to Know in 2016

Arnall Golden Gregory LLP on 12/31/2015

A compilation of time-sensitive and trending legal and regulatory issues that general counsels and business leaders should be aware of in 2016. ...more

White Collar Enforcement Omnibus Edition—Cyber Crimes, Sanctions and Spoofing, Oh My!

Manatt, Phelps & Phillips, LLP on 12/7/2015

Why it matters: Since our last newsletter, a lot has been going on in white collar enforcement… so much so that we decided to devote an entire newsletter to it. It was a month of superlatives. The DOJ and the SEC announced...more

Justice Department Charges Pharma President with Kickback Conspiracy

The Volkov Law Group on 11/4/2015

In the public relations battle following the issuance of the Yates Memo, the Justice Department can now cite one example for the new policy – the recent arrest and charging of Carl Reichel, former President of Warner...more

Corporate Investigations & White Collar Defense - October 2015

Manatt, Phelps & Phillips, LLP on 10/23/2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

Compliance at the Tipping Point, Part IV – The Schrems Decision

Thomas Fox - Compliance Evangelist on 10/15/2015

I continue my exploration of why I believe that compliance is at the Tipping Point, with today’s entry of data point four, which is last week’s decision by the European Court of Justice (ECJ) in the Schrems case. While most...more

Compliance at the Tipping Point, Part III – The VW Emissions-Testing Scandal

Thomas Fox - Compliance Evangelist on 10/14/2015

I continue my series on why I believe that compliance is at the ‘Tipping Point’ with a discussion of the Volkswagen (VW) emissions-testing scandal and its effect on the greater compliance world. Myself and many other...more

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