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What’s New—Key Updates to the DOJ and SEC’s FCPA Resource Guide

For the first time since its original publication in November 2012, on July 3, 2020, the U.S. Department of Justice (“DOJ”) Criminal Division and the U.S. Securities and Exchange Commission (“SEC”) published substantive...more

US Outlook: Top Questions About Criminal And Internal Investigations Following The Coronavirus Outbreak

The COVID-19 pandemic presents novel challenges to U.S. regulators investigating allegations of corporate misconduct. Companies currently under investigation or that may find themselves under investigation must be prepared...more

Lessons From Historical Crises: Compliance Pitfalls To Avoid During The Coronavirus

Although uncertainty swirls around many aspects of the Coronavirus (COVID-19) crisis and its impact, in the world of white collar criminal enforcement, some certainties do exist: opportunities for fraud—against vulnerable...more

The SFO’s Corporate Co-operation Guidance: Clarifying the Burdens of Cooperation, but Keeping the Benefits Obscure

Last week the UK Serious Fraud Office (“SFO”) published its long-anticipated guidance on the steps companies should take when choosing to cooperate with the agency’s investigations. A mere five pages long, the SFO’s Corporate...more

DOJ Rolls Out Incentive Structure for Self-Reporting Civil FCA Violations

Earlier this week, the Department of Justice issued “Guidelines for Taking Disclosure, Cooperation, and Remediation into Account in False Claims Act Matters” (the FCA Guidelines), intended to incentivize self-disclosure,...more

S.D.N.Y. Decision May Have Outsized Implications on DOJ’s “Outsourcing” of Investigations

In a significant ruling by a federal judge in Manhattan late last week, the actions of a major law firm conducting an internal investigation on behalf of Deutsche Bank AG (“Deutsche Bank”) were deemed “fairly attributable” to...more

DOJ’s Update to Its Evaluation of Corporate Compliance Programs Provides Additional Detail, but Not Necessarily Additional Clarity...

On Tuesday, April 30, 2019, the Department of Justice’s Criminal Division released an update (the “Update”) to the “Evaluation of Corporate Compliance Programs”1 first released by the Fraud Section in 2017. That document...more

DOJ’s Quiet Changes to the FCPA Corporate Enforcement Policy Likely to Have a Significant Impact on Corporate Investigations

As the annual ABA White Collar Crime Conference wrapped up in New Orleans last Friday night, the Department of Justice released the latest updates to its FCPA Corporate Enforcement Policy. The key changes to the policy...more

Key Takeaways from Cognizant Technology’s Improbable Receipt of a Declination from DOJ

Last week, in what marked the first FCPA enforcement action of 2019, a federal grand jury in New Jersey returned an indictment against two former high-level executives—the president and chief legal officer—of Cognizant...more

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