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DOJ’s Updated Corporate Enforcement Policy Aims to Incentivize Compliance

Companies that self-disclose, cooperate, and remediate could benefit from significantly reduced fines and possible declinations even in cases with aggravating factors. In a speech at Georgetown University Law Center on...more

Anticipating The New Congress' Private Sector Investigations

With Republicans claiming a new majority in the House of Representatives in the upcoming Congress, corporates and individuals should expect a sea change in Congress' investigative priorities and areas of focus. Recent...more

US Deputy Attorney General Monaco Announces Revised Policies on Corporate Crime

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

Empowering Corporate Compliance Functions in a Post-Pandemic Environment

Building an effective post-pandemic compliance program requires taking stock of, and acting on, US regulators’ shifting approach and priorities. As detailed in a recent Latham Client Alert, the US Department of Justice...more

US Regulators Increase Focus on Corporate Compliance and Its Gatekeepers

Recent regulator statements and actions stress the need to empower compliance programs and officers and hold them accountable. As companies navigate the post-pandemic environment, legal and compliance teams should take...more

US Government Publishes Uyghur Forced Labor Prevention Act Enforcement Strategy

The Strategy provides useful guidance for importers seeking to comply with the provisions of the UFLPA. The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021, to...more

Uyghur Forced Labor Prevention Act Rebuttable Presumption Enters Into Force

Forced Labor Enforcement Task Force issues required enforcement strategy, including guidance to importers. On June 21, 2022, the key operative provision of the Uyghur Forced Labor Prevention Act (UFLPA) entered into...more

New Senate Bill Targets US Corporate Conduct in China

The bill seeks to extend certain provisions of the Foreign Corrupt Practices Act. The U.S. Congress continues to take interest in implementing legislation to curb alleged human rights abuses in the supply chain in China...more

US Congress Passes Uyghur Forced Labor Prevention Act

The UFLPA aims to clamp down on the import of items produced by alleged forced labor in and relating to the XUAR. On 16 December 2021, the US Senate unanimously passed the Uyghur Forced Labor Prevention Act (UFLPA),...more

US House of Representatives Passes Uyghur Forced Labor Prevention Act

The House UFLPA aims to clamp down on the import to the US of items produced by alleged forced labor in the XUAR, while offering less guidance for importers than similar July 2021 Senate bill. On 8 December 2021, the US...more

US Congress Affirms and Expands SEC’s Disgorgement Authority in Annual Defense Spending Bill

The legislation - passed via the first congressional override of the Trump presidency - extends the SEC’s ability to obtain disgorgement for violations of federal securities laws. Key Points: ..As amended, the...more

US Supreme Court Decisions in Presidential Subpoena Cases: Implications for Private Parties

The Court’s recent rulings on state grand jury and congressional subpoenas identify important limitations on the purpose and scope of these investigative tools. Key Points: ..In July 2020, the Court held that the...more

Updated DOJ Guidance on Corporate Compliance Programs Emphasizes Technology, Real-Time Compliance Data, and Lessons Learned

The guidance provides insights for corporations seeking to develop and implement a best-in-class compliance program. On June 1, 2020, the US Department of Justice (DOJ) issued updated guidance (Updated Guidance) regarding...more

Lessons for UK Companies From US DOJ Guidance on Corporate Compliance Programs

The DOJ’s recently updated guidance poses helpful questions for UK corporates evaluating the effectiveness of their internal compliance programmes. It is well known that a corporate’s failure to prevent offences can be...more

Second Circuit Reinforces FCPA’s Jurisdictional Limits

Ruling holds that the government cannot use conspiracy and accomplice liability theories to reach foreign nationals that lack US ties. Key Points: ..Non-resident foreign nationals who are not otherwise subject to direct...more

DOJ Expands and Codifies Policy Incentivizing Corporations to Voluntarily Self-Disclose FCPA Violations

The revised FCPA Corporate Enforcement Policy signals DOJ’s emphasis on corporate voluntary self-disclosure, rewarding cooperating companies with a presumption in favor of declination and reductions in penalties. ...more

CFPB Enforcement Update

This update analyzes the trends and patterns in the Consumer Financial Protection Bureau’s publicly available enforcement actions. Leveraging the analysis in our December 2014 White Paper, CFPB Enforcement by the Numbers...more

DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A Transactions

FCPA Opinion Release provides insight into the jurisdictional reach of the FCPA and the level of due diligence the DOJ expects. On November 7, 2014, the US Department of Justice (DOJ) issued its second and final...more

CFPB Enforcement by the Numbers

A substantive and statistical analysis of the Consumer Financial Protection Bureau’s 62 publicly available enforcement actions to date reveals preliminary trends and patterns. Established in 2011 in the wake of the...more

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