On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a lengthy opinion, vacated the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rules in Alliance for Fair...more
12/24/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Board of Directors ,
Cybersecurity ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
En Banc Review ,
Environmental Social & Governance (ESG) ,
Nasdaq ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Vacated
The U.S Department of Justice’s (DOJ or Department) Corporate Whistleblower Awards Pilot Program (Pilot Program) has hit the ground running, reportedly triggering more than 100 reports since it went live on August 1, 2024....more
The U.S. Securities and Exchange Commission (SEC) recently settled charges against seven companies for violating SEC Rule 21F-17(a), which prohibits conduct that hinders whistleblowing to the SEC. The settlements focus on...more
On August 1, 2024, the U.S. Department of Justice (DOJ) released details about its new Corporate Whistleblower Awards Pilot Program. As previewed by Deputy Attorney General Lisa Monaco in March, individuals (not entities) who...more
Federal agencies are continuing to prioritize and ramp up enforcement of whistleblower protection rules, underscoring the need for all companies – both public and private – to undertake routine compliance reviews. On June...more
On April 5, 2024, a federal jury in California found Matthew Panuwat liable of insider trading in a closely followed case that may serve as the harbinger for expanded insider trading enforcement. In SEC v. Panuwat (N.D....more
The more things change, the more things stay the same. For years, U.S. Department of Justice (DOJ) leadership has used the ABA National Institute on White Collar Crime and other major conferences to highlight enforcement...more
3/11/2024
/ Artificial Intelligence ,
CFTC ,
Compliance ,
Department of Justice (DOJ) ,
Ethics ,
False Claims Act (FCA) ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
Voluntary Disclosure ,
Whistleblowers ,
White Collar Crimes
What: Twice this month, the Securities and Exchange Commission (SEC) announced settled actions against entities for violating SEC Rule 21F-17(a) related to language in their separation agreements, including one against a...more
The U.S. Supreme Court’s October 2022 term was a blockbuster for the False Claims Act (FCA). The Court recently decided two cases poised to change the landscape of FCA cases in the lower courts: United States ex rel. Schutte...more
WHAT: On June 16, 2023, the U.S. Supreme Court ruled 8–1 that the Government has broad authority to intervene and dismiss False Claims Act (FCA) suits litigated by relators. U.S. ex rel. Polansky v. Executive Health Resources...more
WHAT: The U.S. Supreme Court handed down its much-anticipated decision in United States ex rel. Schutte v. SuperValu Inc. The Court considered the narrow issue of whether the False Claims Act’s (FCA) scienter requirement...more
6/2/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Healthcare ,
Pharmaceutical Industry ,
Prescription Drugs ,
Reasonable Interpretations ,
Safeco Insurance Co of America v Burr ,
Scienter ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
In speeches at this year’s annual American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite outlined the latest revisions to the...more
Last Tuesday, the Department of Justice (DOJ) announced the most recent modifications to its Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) in an effort to further encourage companies to...more
With all eyes turning to 2023, recent Department of Justice (DOJ) corporate enforcement policy changes and clarifications hint at what can be expected from the DOJ in the year ahead. In September, Deputy Attorney General...more
1/4/2023
/ Bring Your Own Device (BYOD) ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Compensation ,
Foreign Corrupt Practices Act (FCPA) ,
Instant Messaging Apps ,
Non-Disclosure Agreement ,
Third-Party
On February 1, the U.S. Department of Justice (DOJ) announced the second-largest annual total recoveries in the history of the False Claims Act (FCA)—$5.6 billion—for FY 2021 (October 2020 – September 2021)...more
2/3/2022
/ Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Information Technology ,
Kickbacks ,
Medicare ,
Misrepresentation ,
Opioid ,
Qui Tam ,
Unnecessary Medical Procedures ,
Whistleblowers