News & Analysis as of

Foreign Corrupt Practices Act (FCPA) New Guidance

Thomas Fox - Compliance Evangelist

New DOJ M&A Safe Harbor Policy

We continue our review of DOJ initiatives from 2023 and what they may portend for the compliance professional in 2024 and beyond. In October 2023, Deputy Attorney General Lisa Monaco announced a new policy regarding M&A. It...more

American Conference Institute (ACI)

[Event] 40th International Conference on the FCPA - November 28th - 30th, National Harbor, MD

Hosted by American Conference Institute, the 40th International Conference on the FCPA returns for another exciting year with curated programming that shines a global spotlight on anti-corruption compliance challenges,...more

The Volkov Law Group

FCPA Opinion Release Provides Guidance on Payment of Travel and Other Expenses for Foreign Government Officials

The Volkov Law Group on

The Justice Department’s Opinion Release procedure has provided important guidance over the years.  The library of Opinion Release letters is well-organized and accessible to the legal and compliance community....more

Davis Wright Tremaine LLP

Broker Dealer Regulatory Digest - August 2023

The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically focusing on:...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

WilmerHale

DOJ Announces Significant Guidance on Compliance, Compensation, Communications and Cooperation

WilmerHale on

On March 3, 2023, as part of the rollout of several updates to its guidance on corporate compliance programs, the Department of Justice (DOJ) released a new policy aimed at incentivizing compliance-driven compensation and...more

Foley Hoag LLP - White Collar Law &...

DOJ’s New Guidelines on Repeat Corporate Misconduct: Do They Have Real Teeth?

On October 28, 2021, Deputy Attorney General Lisa Monaco released a memo setting out “Initial Revisions to Corporate Criminal Enforcement Policies.” The memo indicated that the Department of Justice would place greater...more

Latham & Watkins LLP

US Deputy Attorney General Monaco Announces Revised Policies on Corporate Crime

Latham & Watkins LLP on

Updated DOJ policies will continue to focus on individual accountability and corporate recidivism, while aiming to provide additional incentives for voluntary self-reporting, foster greater transparency on use of monitors,...more

Eversheds Sutherland (US) LLP

The DOJ’s new guidance on corporate criminal enforcement - and what it means for your business

​​​​​​​On September 15, 2022, Department of Justice (DOJ) Deputy Attorney General (Deputy AG) Lisa Monaco announced new guidance for the DOJ’s corporate enforcement policies, which is memorialized in the Memorandum on Further...more

Thomas Fox - Compliance Evangelist

Monaco Memo – A Jolt for Compliance: Part 4 – New Factors in Selecting Monitors

Today, we continue our exploration of the Monaco Memo by considering the sections relating to the evaluation of cooperation during the pendency of the investigation and the evaluation of a company’s compliance program at the...more

Bracewell LLP

DOJ to Companies: If You Step Up & Own Up, You Might Not Have to Pay Up

Bracewell LLP on

Late last year, the Department of Justice (DOJ) announced material changes to the way it intended to investigate, prosecute, and resolve corporate cases. The changes were aggressive, leading us to title our update “DOJ’s...more

Thomas Fox - Compliance Evangelist

Monaco Memo: A Jolt for Compliance: Part 3 – Cooperation and Compliance Program Evaluation

Today, we continue our exploration of the Monaco Memo by considering the sections relating to the evaluation of cooperation during the pendency of the investigation and the evaluation of a company’s compliance program at the...more

Thomas Fox - Compliance Evangelist

Monaco Memo and Polite Speech – A Jolt for Compliance: Part 2 – Swiftly and Without Delay

Today, we continue our exploration of the Monaco Memo by considering the section entitled “Timely Disclosures and Prioritization of Individual Investigations”. This portion of the Monaco Memo re-emphasized the reinstitution...more

Thomas Fox - Compliance Evangelist

Monaco Memo and Polite Speech – A Jolt for Compliance: Part 1 – Introduction

Last seek saw the announcement of two significant and related releases of information from the Department of Justice (DOJ) around Foreign Corrupt Practices Act (FCPA) enforcement and corporate compliance programs. They were...more

Morrison & Foerster LLP

Deputy Attorney General Lisa Monaco Announces Changes to DOJ’s Corporate Criminal Enforcement Policies

On September 15, 2022, the U.S. Department of Justice (DOJ)’s Deputy Attorney General Lisa Monaco announced new guidance and policies regulating corporate criminal enforcement. The new policies emphasize that DOJ will not...more

Latham & Watkins LLP

Japanese Ministry of Economy, Trade and Industry Updates Guidance to Prevent Foreign Bribery

Latham & Watkins LLP on

Companies with business operations in Japan should review due diligence procedures and internal policy regarding small facilitation payments to ensure they are consistent with new guidance from METI. In May 2021, the...more

Society of Corporate Compliance and Ethics...

[Webinar] 20/20 Hindsight: Anti-Corruption Developments in 2020 - December 9th, 12:00 pm - 1:30 pm CST

Learning Objectives: - Become familiar with the major FCPA cases of 2020 - Learn about the policy developments affecting corporate compliance programs from the DOJ this year - Catch up on key international developments in...more

K&L Gates LLP

Voluntary Disclosure: Newsflash – October 2020

K&L Gates LLP on

In this episode, we examine how two criminal defendants are aiming to leverage parallel FCPA investigations by the SEC and the DOJ to build their defense. We’ll also offer our thoughts on the SEC’s new (and improved?)...more

Jones Day

SEC Enforcement in Financial Reporting and Disclosure: 2020 Mid-Year Update

Jones Day on

We are pleased to present our annual mid-year update on financial reporting and issuer disclosure enforcement activity for 2020. This White Paper focuses on the U.S. Securities and Exchange Commission's ("SEC") enforcement...more

NAVEX

3 Ways to Apply New DOJ Guidance to Antitrust Compliance

NAVEX on

The Justice Department gave compliance officers a significant piece of guidance in June with its latest update to the evaluation of corporate compliance programs. The guidance begs the fundamental question: Is the compliance...more

K&L Gates LLP

Voluntary Disclosure: Newsflash July 2020

K&L Gates LLP on

A government inquiry can result in serious consequences for a company or individual. Our new podcast series, Voluntary Disclosure—brought to you by the lawyers in our investigations, enforcement, and white collar practice—is...more

Butler Snow LLP

DOJ’s Recent Corporate Compliance Program Evaluation Updates: More Of A Boon Than A Burden

Butler Snow LLP on

When I first read about the changes to the United States Department of Justice’s official guidance on its long-standing “Evaluation of Corporate Compliance Programs,” I immediately set out to identify, digest, and analyze...more

Jones Day

DOJ Policy Increases Incentives for Self-Reporting of Potentially Willful Trade Violations

Jones Day on

The Situation: The U.S. Department of Justice ("DOJ") has issued guidance revising its 2016 voluntary disclosure policy to provide companies stronger incentives to voluntarily self-report apparent potentially willful trade...more

BCLP

DOJ Further Incentivizes Voluntary Disclosure with Small Changes to FCPA Corporate Enforcement Policy

BCLP on

The Department of Justice tweaked its FCPA Corporate Enforcement Policy to further incentivize corporations to make voluntary disclosures. These small changes essentially acknowledge that companies in a very early stage of an...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

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