The Antitrust Division of the Department of Justice (DOJ) announced in November updates to its 2019 Evaluation of Corporate Compliance Programs in Criminal Antitrust Enforcement (Antitrust Guidance), which provides insights...more
In recent weeks, the U.S. Department of Justice (DOJ) has implemented significant changes to its corporate enforcement policies in an attempt to encourage companies to root out and voluntarily disclose corporate misconduct....more
During a speech on September 15, 2022, Deputy Attorney General Lisa Monaco announced significant policy changes to DOJ’s corporate enforcement strategy. Expanding on her October 28, 2021, speech and the memorandum that...more
Speaking at the ABA Institute on White Collar Crime earlier this month, Attorney General Merrick Garland outlined the Department of Justice’s continued emphasis in prosecuting individuals “who commit and profit from corporate...more
On October 28, 2021, in a speech before the American Bar Association’s 36th Annual National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco formally announced that the Department of Justice is taking...more
With President Biden’s nomination of D.C. Circuit Judge Merrick Garland for U.S. attorney general proceeding toward confirmation in the Senate, the leader of the nation’s legal department is poised to change enforcement...more
Former President Trump signed into law the Criminal Antitrust Anti-Retaliation Act of 2019 on December 23, 2020. The law prohibits employers from retaliating against employees who provide information to a superior, to a...more
The outcome of the 2020 general election in the United States will determine which of two visions of the investigative and prosecutorial arms of the federal executive branch will prevail for 2021 and beyond. The campaigns and...more
New guidelines from the Department of Justice (DOJ) Criminal Division emphasize that “individualized determinations” will drive the evaluation of corporate compliance programs. Announced June 1, 2020, these revisions also...more
Recent developments show that, while the Department of Justice (DOJ) is willing to offer incentives for cooperation with criminal antitrust investigations, it also is increasing the resources to root out and uncover...more
The criminal division of the U.S. Department of Justice formalized the criteria it will use to evaluate corporate defendants’ claims of inability to pay fines or monetary penalties. The memorandum, published October 8, 2019,...more
In a sweeping policy change announced this past week, the Department of Justice Antitrust Division announced it will consider corporate compliance at the charging stage in criminal antitrust investigations. This is the first...more
On September 9, 2015, the Deputy Attorney General issued an internal memo directing federal prosecutors to focus on individuals when investigating allegations of corporate misconduct and to hold individuals accountable in...more