On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more
As Donald J. Trump prepares to begin his second presidential administration on January 20, 2025, many Department of Justice (“DOJ”) priorities and policies are likely to change. One new Biden administration initiative that is...more
1/13/2025
/ Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
On November 26, 2024, the Fifth Circuit issued an opinion in Van Loon v. Department of the Treasury that invalidated economic sanctions imposed by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) on...more
12/6/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Corporate Counsel ,
Cryptocurrency ,
Economic Sanctions ,
Foreign Adversaries ,
International Emergency Economic Powers Act (IEEPA) ,
Loper Bright Enterprises v Raimondo ,
Money Laundering ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Software ,
U.S. Treasury
Following months of delays and intense debate in Congress, President Biden signed H.R. 815 into law on April 24, 2024, which made headlines for funding $95 billion in military aid to Ukraine, Israel, and Taiwan, along with...more
5/6/2024
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Department of Justice (DOJ) ,
Economic Sanctions ,
EU ,
Foreign Aid ,
International Emergency Economic Powers Act (IEEPA) ,
Israel ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Statute of Limitations ,
Taiwan ,
TikTok ,
UK ,
Ukraine
Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are...more
As many of you are aware, with some minor exceptions, the United States bifurcates export controls responsibility between the Department of State, which administers the International Traffic in Arms Regulations (the “ITAR”),...more
1/24/2024
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
Department of Homeland Security (DHS) ,
DTCC ,
Export Administration Regulations (EAR) ,
Export Controls ,
FBI ,
ITAR ,
Self-Disclosure Requirements ,
U.S. Commerce Department ,
Voluntary Disclosure
It is one of the hardest questions a company can face: after discovering criminal conduct inside your company, do you self-report to the government or not? If you can quickly and quietly fix the problem, then you may be able...more
10/13/2023
/ Corporate Misconduct ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Disgorgement ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Incentives ,
Internal Investigations ,
Safe Harbors ,
Self-Reporting ,
White Collar Crimes