News & Analysis as of

New Guidance Department of Justice (DOJ) Government Investigations

Womble Bond Dickinson

[Webinar] Compliance Priorities for In-House Counsel: Responding to Latest DOJ Priorities & Guidance - August 5th, 3:00 pm - 4:00...

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Join us for an informative webinar providing the latest updates on key compliance issues under the current administration. Our panel will address recent developments in tariffs, the FCPA, False Claims Act, and sanctions....more

Benesch

New FCPA Guidance Underscores Importance of Internal Compliance for Companies Doing Business Abroad

Benesch on

On June 9, 2025, Todd Blanche, Deputy Attorney General for the United States Department of Justice, published guidelines for investigations and prosecutions under the Foreign Corrupt Practices Act (FCPA). These guidelines...more

Morgan Lewis

DOJ Revises Corporate Monitor Policy with New Cost and Oversight Rules

Morgan Lewis on

On May 12, 2025, the US Department of Justice’s Criminal Division published a set of memoranda outlining white collar enforcement priorities and an updated outlook on the imposition and selection of corporate monitors. The...more

Benesch

AI Reporter - September 2024

Benesch on

There has been a seismic shift in the relationship between Big Tech’s AI power couple, Microsoft and OpenAI. The former listed the AI pioneer as a competitor in its annual report, perhaps signaling a less friendly dynamic...more

BCLP

CMA Hits Accelerator on Enforcement of UK Labour Markets

BCLP on

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more

Jones Day

DOJ's Antitrust Division and the FTC Announce New Guidance on Preservation for Collaboration Tools and Ephemeral Messaging

Jones Day on

The Antitrust Division of the U.S. Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") are updating language in document requests and compulsory process to address companies' increased use of collaboration...more

Polsinelli

Annual ABA White Collar Conference Brings Additional Updates to DOJ Corporate Enforcement Policy

Polsinelli on

Last week at the American Bar Association’s annual National Institute on White Collar Crime in Miami, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite highlighted several new facets of the...more

The Volkov Law Group

Criminal Division AAG Polite Reinforces New DOJ Corporate Enforcement Policy (Part IV of IV)

The Volkov Law Group on

The Justice Department is putting every business on notice — aggressive white collar criminal enforcement is here to stay. In a one-two punch, Deputy Attorney General Lisa Monaco announced a revised Corporate Enforcement...more

The Volkov Law Group

DOJ’s Revised Corporate Enforcement Policy Expands on Previous Factors: History of Misconduct; Voluntary Self-Disclosure; and...

The Volkov Law Group on

The Lisa Monaco Memo is a new and important restatement of the Justice Department’s approach to corporate crime.  It is a worthy read and it sets out a number of new requirements and procedures for DOJ prosecutors...more

Jackson Walker

DOJ Officials Announce New Priorities to Combat Corporate Crime with Additional Details Provided at Government Enforcement...

Jackson Walker on

On Thursday, September 15, 2022, Deputy Attorney General Lisa A. Monaco outlined new steps the Department of Justice will be taking in its ongoing efforts to police corporate crime. The next day, Assistant Attorney General...more

Akin Gump Strauss Hauer & Feld LLP

Deputy AG Announces Significant Changes to DOJ Policies Regarding Corporate Investigations

Key Points - On September 15, 2022, Deputy AG Lisa O. Monaco released a Memorandum and provided remarks announcing several DOJ policy changes to prioritize and strengthen the Department’s prosecution of corporate crime. ...more

Faegre Drinker Biddle & Reath LLP

Important New Guidance for Companies Considering Voluntary Disclosures of Export Control and Sanctions Violations

On December 13, 2019, the U.S. Department of Justice’s National Security Division (NSD) issued important new policy guidance regarding voluntary disclosures of export control and sanctions laws violations. Among other things,...more

Polsinelli

DOJ Announces New Guidelines to Assist Prosecutors in Assessing Fair and Sensible Corporate Penalties in White Collar Cases

Polsinelli on

The U.S. Department of Justice released guidelines on October 8, 2019 that aim to provide federal prosecutors with more guidance on how to approach claims by white collar defendants that they are unable to pay fines or...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

Maynard Nexsen

Cooperation Credit in False Claims Act Defense and the Potential Impact of Reimbursement Analysis and Compliance

Maynard Nexsen on

While white collar and healthcare counsel have long known that one of the best strategies to reducing risk in defending a False Claims Act (FCA) case is cooperation and execution of compliance actions, the Department of...more

McDermott Will & Schulte

DOJ Preserves Its Options in Cooperation Credit Guidance

DOJ recently announced the release of formal guidance on how civil attorneys can award “cooperation credit” to defendants who cooperate with DOJ during a False Claims Act investigation. This formal policy provides some new...more

Ruder Ware

The Federal Government Really Wants You to Self Disclose

Ruder Ware on

The Department of Justice (DOJ) along with other health care fraud enforcement agencies, continue to send strong signals that they want businesses to police themselves for potential compliance issues and self-disclose where...more

Bass, Berry & Sims PLC

Mixed Messages: DOJ Releases New FCA Cooperation Guidelines, while Study Questions Whether Cooperation Actually Garners Credit

Bass, Berry & Sims PLC on

The U.S. Department of Justice (DOJ) routinely encourages the subjects of False Claims Act (FCA) enforcement actions to make voluntary disclosures and fully cooperate with the government on the premise that cooperation leads...more

Robinson+Cole Health Law Diagnosis

Seeking to Incentivize Self-Disclosures, DOJ Issues Guidance on Credit for Cooperation with FCA Investigations

On May 7, 2019, the U.S. Department of Justice (DOJ) provided important new guidance addressing cooperation credit that may be available to defendants in False Claims Act (FCA) investigations (Guidance)....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

Perkins Coie

Getting Cooperation Credit Under New DOJ False Claims Act Guidance

Perkins Coie on

The U.S. Department of Justice (DOJ) released long awaited guidance last week on how it will evaluate and credit self-disclosures and cooperation in False Claims Act (FCA) cases. The new guidelines, codified in the DOJ’s...more

Faegre Drinker Biddle & Reath LLP

New DOJ Guidance Aims to Incentivize Corporate Cooperation in False Claim Act Matters

On May 7, 2019, the Department of Justice issued important guidance on the type of cooperation that is eligible for credit in False Claim Act (FCA) investigations. The guidance, formally codified in the Justice Manual Section...more

Jones Day

DOJ Issues Guidance on Cooperation in FCA Cases

Jones Day on

The U.S. Department of Justice seeks to use the potential for a reduced penalty amount and damages to encourage self-disclosure of misconduct and cooperation during FCA investigations. On May 7, 2019, the U.S. Department...more

Mintz - Health Care Viewpoints

DOJ Issues Guidance on Cooperation Credit in FCA Settlements

The U.S. Department of Justice (DOJ) issued policy guidance on May 6, 2019, about providing credit in False Claims Act (FCA) settlements to corporations for “disclosure, cooperation, and remediation." DOJ has never previously...more

Bradley Arant Boult Cummings LLP

DOJ Provides Guidelines for Reducing False Claims Act Settlements through Cooperation - Government Enforcement Update

This week, the Department of Justice (DOJ) formalized and expanded its guidance for how defendants can earn cooperation credit in False Claims Act (FCA) cases and thereby reduce settlement amounts. New section 4-4.112 of the...more

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