On April 4, 2022, the Department of Justice (“DOJ”) Antitrust Division (the “Division”) announced important policy and practice changes to its leniency program (the “Leniency Program”) — the first substantive changes to the...more
On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more
For over a century, the National Collegiate Athletic Association (“NCAA”) barred student-athletes from monetizing their name, image, and likeness (“NIL”). Yet, after facing mounting pressure from student-athletes, state...more
Global supply chains continue to reel from the impact of the COVID-19 pandemic. The Biden Administration has referred to bottlenecks in the supply chain as a national crisis.1 Recent remarks from antitrust regulators...more
This Cartel primer, full document linked below, brings together our knowledge of cartel cases and distills it in an easily digestible and practical format. It discusses challenges targets face in responding to cartel...more
12/8/2021
/ Anti-Competitive ,
Antitrust Division ,
Burden of Proof ,
Cartels ,
Civil Investigation Demand ,
Compelled Testimony ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Discovery ,
Federal Trade Commission (FTC) ,
Grand Juries ,
Injunctive Relief ,
Investigations ,
Monopolization ,
Raids ,
Sherman Act ,
The Clayton Act ,
Whistleblowers
Earlier this year, a federal judge in the Northern District of California ordered Elizabeth Holmes (“Holmes”), the founder and former CEO of now-defunct Theranos, Inc. (“Theranos”), to disclose communications between herself...more
When companies get into trouble, it’s common practice for the government to call on independent third parties to help clean up the mess.
Companies under investigation by the Department of Justice (“DOJ”) often agree to...more
With respect to federal procurement, EO 14030 proposes to integrate climate disclosure and impact reduction efforts into the acquisition process. Specifically, EO 14030 requires that the Federal Acquisition Regulatory (“FAR”)...more
For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more
9/23/2021
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
No-Poaching
On September 13, 2021, the Department of Justice (“DOJ”) intervened in a False Claims Act (“FCA”) suit alleging that a health insurer defrauded the government by submitting false patient data to wrongfully inflate payments...more
On July 20, 2021, the Department of Homeland Security’s Transportation Security Administration (“TSA”) announced the issuance of a second Security Directive regarding further enhancements to pipeline cybersecurity (the “July...more
As has been well-publicized, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “EO” or “Order”).1 As the preamble articulates, the EO’s focus is to “promote the...more
7/19/2021
/ Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joe Biden ,
Non-Compete Agreements ,
Popular ,
Procurement Collusion Strike Force ,
Railroads ,
Sherman Act ,
Surface Transportation Board
The Department of Justice’s (“DOJ”) Procurement Collusion Strike Force (“PCSF”) chalked up several more prosecutions soon after we reported its first-ever international resolution — a guilty plea from Belgium-based G4S Secure...more
On May 20, 2021, President Biden issued an Executive Order on Climate-Related Financial Risks (the “Executive Order”), which we have summarized here. The Executive Order broadly addresses Federal climate policy, including the...more
6/30/2021
/ Clean Air Act ,
Climate Action Plan ,
ESPCs ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Procurement Systems ,
Greenhouse Gas Emissions ,
Greenwashing ,
Intended Nationally Determined Contributions (INDC) ,
Joe Biden ,
Paris Agreement ,
Popular ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
USDA
On June 25, 2021, the Department of Justice’s Antitrust Division (the “Division”) announced the first criminal antitrust prosecution and “international resolution obtained by the Procurement Collusion Strike Force (PCSF).”...more
A new sheriff is in town — and that means the potential for big changes ahead for white-collar criminal enforcement in terms of specific areas of focus and volume of investigations...more
6/25/2021
/ Attorney General ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Justice ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
No-Poaching ,
White Collar Crimes
On May 28, 2021, President Biden submitted his Budget for Fiscal Year 2022 to Congress, including $35.3 billion for the Department of Justice (“DOJ”), which was an overall increase of almost $4 billion from the previous...more
6/11/2021
/ Antitrust Division ,
Antitrust Investigations ,
Attorney General ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Economic Injury Disaster Loans ,
Federal Budget ,
Fraud ,
Online Platforms ,
Procurement Collusion Strike Force ,
Technology Sector ,
White Collar Crimes
One of the unique, and often overlooked, investigative bodies in Washington, D.C. is the United States Congress. With Representatives and Senators in constant fundraising and re-election cycles and the constant challenge of...more
On May 27, 2021, against the backdrop of the Colonial Pipeline cybersecurity incident, the Department of Homeland Security’s Transportation Security Administration (“TSA”) announced Security Directive Pipeline-2021-01...more
6/1/2021
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Homeland Security (DHS) ,
National Security ,
Pipelines ,
Popular ,
Ransomware ,
Risk Assessment ,
TSA
Please join Jessica Heim, Zach Terwilliger, and Adrianne Goins, as they discuss criminal and civil liability risks for CARES Act fraud and key issues to watch in 2021 and beyond. Discussion topics will include:
- A review...more
4/20/2021
/ Airlines ,
CARES Act ,
Civil Liability ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Criminal Liability ,
Fraud ,
Good Faith ,
Main Street Lending Programs ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Webinars
On March 26, 2021, the Department of Justice (“DOJ”) issued a press release trumpeting the agency’s “historic level of enforcement action” in response to COVID-19 related fraud. Roughly one year after Congress passed the $2.2...more
As the Biden Administration gains its footing and key positions begin to be filled in the government, there promises to be a significant uptick in enforcement, especially in the areas of antitrust and white collar crime. In...more