News & Analysis as of

Corporate Liability Corporate Misconduct

Moritt Hock & Hamroff LLP

Supreme Court Upholds Principle Of Corporate Separateness In Vacating Award To Dewberry Engineers

n a decision that strongly endorsed the principle of corporate separateness – where a company’s affiliates are not financially responsible for the legal obligations of their parent – the U.S. Supreme Court unanimously...more

Latham & Watkins LLP

Top Tips for Global Companies Preparing for the UK’s New “Failure to Prevent Fraud” Offence

Latham & Watkins LLP on

Companies in the US and around the world should consider their potential for UK exposure and assess their compliance programmes in light of that risk. On 1 September 2025, the UK will implement a new corporate criminal...more

Allen Matkins

As Predicted, Silicon Valley Bank Failure Will Test Fiduciary Duties Of Officers And Directors Under California Law

Allen Matkins on

Late last year, I wrote that the the Board of Directors of the Federal Deposit Insurance Corporation had voted unanimously to approve the staff’s request for authorization to file a suit against six former officers and 11...more

Troutman Pepper Locke

SDNY Ramps Up Pressure on Companies to Voluntarily Disclose Wrongdoing

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On February 13, the U.S. Attorney’s Office (USAO) for the Southern District of New York (SDNY) announced a pilot program through which whistleblowers who voluntarily self-disclose criminal conduct relating to public or...more

Rivkin Radler LLP

DOJ Issues New Guidance on Criminal Enforcement _ Winter 2023

Rivkin Radler LLP on

On September 15, 2022, Deputy Attorney General (“DAG”) Lisa Monaco delivered remarks announcing updated guidance on how the Department of Justice will be prioritizing and prosecuting corporate crime. Her remarks were...more

HaystackID

Cooperation Standards in Government Investigations: Practical Tips

HaystackID on

Editor’s Note: From time to time, ComplexDiscovery highlights publicly available or privately purchasable announcements, content updates, and research from cyber, data, and legal discovery providers, research organizations,...more

Snell & Wilmer

DOJ Updated Corporate Criminal Enforcement Policies

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In a highly anticipated speech, Deputy Attorney General Lisa O. Monaco delivered remarks outlining updates to the U.S. Department of Justice (“DOJ”) perspective on the Corporate Crime Enforcement policy. These updates are the...more

A&O Shearman

U.S. Attorney General Announces Task Force To Target Russian Sanctions And Additional Resources For White Collar Enforcement

A&O Shearman on

U.S. Attorney General Merrick Garland made two announcements this week related to the enforcement of white-collar crime by both individuals and corporations. First, on March 2, 2022, Attorney General Garland announced the...more

Lowenstein Sandler LLP

Effective and Efficient Pre-Transaction FCPA Diligence: How to Leverage Compliance and ESG to Avoid Buyer’s Remorse and Other...

Lowenstein Sandler LLP on

The arduous process of FCPA compliance requires risk teams to digest and cross-reference a morass of information – from internal data analysis to human representatives collecting interviews on the ground. Diligence failures...more

Oberheiden P.C.

Corporate Intelligence & Investigations

Oberheiden P.C. on

Today’s modern world enables complex business transactions to occur both within the United States as well as abroad in cross-border activities. Many of these transactions pose significant risks to business operations and the...more

BCLP

Corporate Criminal Liability – some practical proposals from Australia

BCLP on

The Australian Law Reform Commission (the “ALRC”) has proposed a number of reforms to Australia’s federal corporate criminal liability regime. The entire document bears close examination. In this article, we focus on the...more

K2 Integrity

In a Red-Hot Deal Market, Due Diligence Is More Important Than Ever

K2 Integrity on

Driven by mega-deals and a healthy spike in U.S. mergers and acquisitions (M&A) transactions, thus far 2019 has been an exceptionally active year in the global M&A market. Through the end of Q3 2019, deal volume reached $2.49...more

Skadden, Arps, Slate, Meagher & Flom LLP

Transatlantic Approach on Corporate Cooperation: How Newly Issued French and UK Guidance Compare to US Practices

As widely anticipated, French and U.K. regulators recently published guidance detailing their expectations for corporate cooperation in enforcement investigations. Both sets of guidance demonstrate further alignment of those...more

BCLP

FCA Defendants and Counsel Beware: New DOJ Guidance on FCA Cooperation Credit May Leave Too Much to Prosecutors’ Discretion

BCLP on

In recent weeks, the United States Department of Justice (“DOJ”) published guidance in the Justice Manual at Section 4-4.112 on how it will award cooperation credit to entities and individuals that are being investigated for...more

Harris Beach Murtha PLLC

DOJ Issues Guidelines for Cooperation Credit Specifically as to False Claims Act Matters

The United States Department of Justice (DOJ) has issued new guidelines regarding cooperation and credit for self-disclosure specifically in False Claims Act matters. Such guidelines provide an overview of factors to be...more

Jackson Walker

Opioids, Healthcare Enforcement, and Increased Scrutiny of Corporate Conduct for Criminal Prosecution

Jackson Walker on

The national opioid epidemic is almost unprecedented in every conceivable way—its catastrophic death toll, its broad effect on a wide swath of this country’s population, its rapid escalation (which is alleged to have been...more

White & Case LLP

Proposed reform of UK corporate criminal liability – a failure to grasp the nettle?

White & Case LLP on

Following mounting calls for reform of the UK's corporate criminal liability regime, the Government is expected to consult later this year on potential reforms, which are likely to include a new corporate offence of failing...more

Dorsey & Whitney LLP

The Anatomy of Corporate Criminal Liability: Appellate Court Sustains Organizational Conviction and Imposition of Maximum Penalty...

Dorsey & Whitney LLP on

In recent years the buzz in organizational criminal liability has come from so-called “individual liability” for acts of corporate wrongdoing—the idea that managers and employees are not immune from individual prosecution for...more

Skadden, Arps, Slate, Meagher & Flom LLP

"A Trump-Appointed AG May Not Translate to Less Aggressive Enforcement"

Forecasting the enforcement priorities of the Department of Justice (DOJ) under the Trump administration is difficult at best. Previous statements from both President Donald Trump and his nominee for attorney general, U.S....more

Zuckerman Spaeder LLP

The Yates Memo’s Illusory “Extraordinary Circumstances” Exception

Zuckerman Spaeder LLP on

Many of us in the white collar defense bar have written and spoken about the changes wrought by the Yates Memo, but one issue not receiving much attention is the “extraordinary circumstances” exception to the Yates Memo’s...more

Poyner Spruill LLP

Who's Going Under the Bus? Federal Policy on Individual Responsibility for Corporate Wrongdoing - Corridors January 2016

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In a wake-up call to health care corporate officers and managers, Deputy Attorney General Sally Yates earlier this fall announced a new, tougher U.S. Department of Justice policy regarding individual responsibility for...more

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