Recent legal and political False Claims Act (“FCA”) developments signal a potentially turbulent time for the defense of investigations and lawsuits brought under the FCA...more
3/12/2025
/ Anti-Kickback Statute ,
Appeals ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
SCOTUS ,
Trump Administration ,
Whistleblowers
On March 7, 2024, Deputy Attorney General Lisa Monaco announced that the Justice Department intends to offer new financial incentives for whistleblowers to report allegations about white collar crimes that result in asset...more
How the New Law Creates Legal Risks and Opportunities for International Businesses -
On December 22, 2023, President Biden signed into law the 2024 National Defense Authorization Act (NDAA), which will give the U.S....more
1/5/2024
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Department of Justice (DOJ) ,
Enforcement ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Money Laundering ,
NDAA ,
Popular ,
Securities Exchange Act of 1934 ,
Travel Act ,
Wire Fraud
On October 4, 2023, the Department of Justice’s (“DOJ”) Deputy Attorney General Lisa Monaco announced a new “Mergers & Acquisitions Safe Harbor Policy” (“M&A Safe Harbor Policy” or “Policy”) for companies that voluntarily...more
10/19/2023
/ Acquisitions ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Disclosure ,
Disgorgement ,
Individual Accountability ,
Mergers ,
Remediation ,
Restitution ,
Safe Harbors ,
Self-Disclosure Requirements ,
Sensitive Business Information
Cognizant Technology’s Privilege Waiver -
On February 1, 2022, the District of New Jersey ordered a company to produce internal investigation materials to two former executives indicted in connection with an alleged foreign...more
5/17/2022
/ Attorney-Client Privilege ,
Bribery ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Rules of Evidence ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
Motion to Compel ,
Securities and Exchange Commission (SEC) ,
Waivers ,
Work-Product Doctrine
The Department of Justice (DOJ) recently announced that it reached a $5,500,000 settlement with a biomedical research institute that received NIH grant funding–the Van Andel Research Institute (VARI)–to resolve allegations...more
2/26/2020
/ Department of Justice (DOJ) ,
Enforcement Actions ,
Failure To Disclose ,
False Claims Act (FCA) ,
Federal Grants ,
Foreign Investment ,
Government Investigations ,
Medical Research ,
National Institute of Health (NIH) ,
Research Funding ,
Settlement
On October 8, 2019, Assistant Attorney General Brian A. Benczkowski issued a memorandum to the Criminal Division of the U.S. Department of Justice (“DOJ” or “the Department”) that established a framework for assessing...more
Following the lead of the Department of Justice, several agencies issued statements disclaiming guidance as legally binding authority. The Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation,...more
The Department of Justice recently issued an internal guidance memo to DOJ attorneys regarding the dismissal of meritless False Claims Act (FCA) cases. Michael Granston, the Director of DOJ’s Civil Fraud Section, first made...more
On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum significantly restricting Department of Justice (“DOJ” or “the Department”) civil litigating units’ use of executive agency guidance documents...more
On February 16, 2017, Global Investigations Review (“GIR”) held its second annual GIR Live DC in Washington, D.C. With an emphasis on global anticorruption enforcement, the event featured a variety of experts in complex,...more