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Update: DOJ Issues Guidelines for Protectionist FCPA Enforcement

In February, the White House issued an Executive Order "pausing" Foreign Corrupt Practices Act (FCPA) enforcement for 180 days, to "further American economic and national security."1 On June 9, Deputy Attorney General Todd...more

Supreme Court Endorses "Fraudulent Inducement Theory": How the Kousisis v. United States Ruling Widens the Road for Fraud...

If a defendant uses material misrepresentations to induce a party to enter a contract, but does not economically harm the induced party, has the defendant committed fraud? The Supreme Court has decided: Yes. On May 22, 2025,...more

Update: DOJ Launches Corporate Whistleblower Awards Program

In March, the Department of Justice (DOJ) announced that a pilot program to incentivize individualized reporting was in development, which we reviewed here. True to its word, the DOJ's "Corporate Whistleblower Awards Pilot...more

U.S. Supreme Court Declares SEC's Action for Civil Money Penalties Unconstitutional, Upending Administrative Enforcement Powers

On June 27, 2024, the U.S. Supreme Court affirmed a Fifth Circuit decision that called into question the future of certain in-house administrative enforcement actions, which we reviewed here. Specifically, in Securities and...more

Jumping on the Whistleblower Bandwagon: DOJ Announces Department-Wide Pilot Program to Incentivize Individual Reporting

The Department of Justice's (DOJ) Deputy Attorney General Lisa O. Monaco announced a department-wide whistleblower rewards program on March 7, 2024, that will be designed to supplement existing whistleblower programs, to...more

Supreme Court Again Restricts Honest-Services Fraud

On May 11, 2023, in Percoco v. United States, 598 U.S. ___ (2023), the U.S. Supreme Court once again reined in an expansive public corruption prosecution brought by the Department of Justice by overturning a wire fraud...more

Companies Take Heed: DOJ Announces Key Updates and Corporate Compliance Guidance

On March 3, 2023, Assistant Attorney General Kenneth Polite delivered the keynote speech at the 38th Annual National Institute on White Collar Crime of the American Bar Association (ABA) in Miami, Florida. AAG Polite's speech...more

Announcements on New DOJ Corporate Enforcement Policies and Changes to Come

On September 15, 2022, Deputy Attorney General Lisa Monaco of the U.S. Department of Justice (DOJ) issued a Memorandum supplementing prior DOJ guidance on corporate criminal enforcement policies, titled Further Revisions to...more

Fifth Circuit Declares SEC's Quasi-Judicial Process Unconstitutional

On May 18, 2022, the Fifth Circuit issued its opinion in Jarkesy v. SEC, holding that: (1) the Securities and Exchange Commission's (SEC's) in-house adjudication of Petitioners' case violated their Seventh Amendment right to...more

FAQ: The SEC's Proposed Rule on the Enhancement and Standardization of Climate Related-Disclosures

On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) released its much-anticipated proposed rule titled "The Enhancement and Standardization of Climate-Related Disclosures for Investors." The proposed enhanced...more

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