A former federal prosecutor, Justin Murphy represents corporate and individual clients involved in government enforcement cases, including complex antitrust matters, fraud allegations and all phases of white-collar criminal...more
In the first half of 2023, antitrust enforcers remained remarkably busy both in the United States (US) and across the European Union (EU). The US Department of Justice’s (DOJ’s) Antitrust Division (Division) and the Federal...more
On April 28, 2023, a US District Court for the District of Connecticut judge dismissed the US Department of Justice’s (DOJ) criminal non-solicitation case against six aerospace industry employees, acquitting all the...more
During speeches earlier this month, Deputy Attorney General Lisa Monaco and Assistant Attorney General for the Criminal Division Kenneth A. Polite, Jr. announced significant changes to the way DOJ evaluates corporate...more
3/17/2023
/ Bonuses ,
Chief Compliance Officers ,
Clawbacks ,
Compliance ,
Continuing Legal Education ,
Corporate Misconduct ,
Data Collection ,
Data Privacy ,
Department of Justice (DOJ) ,
Electronic Communications ,
Electronic Devices ,
Enforcement Actions ,
Executive Compensation ,
Human Resources Professionals ,
Incentives ,
International Data Transfers ,
Noncompliance ,
Penalties ,
Pilot Programs ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Webinars
During speeches on March 2 and 3, 2023, at the American Bar Association (ABA) National Institute on White Collar Crime (the 2023 White Collar Conference), Deputy Attorney General (DAG) Lisa Monaco, Assistant Attorney General...more
3/7/2023
/ Clawbacks ,
Compliance ,
Compliance Manuals ,
Compliance Monitoring ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Compensation ,
Incentives ,
Instant Messaging Apps ,
Mobile Devices ,
National Security ,
Pilot Programs ,
Self-Disclosure Requirements ,
Self-Reporting ,
U.S. Attorney ,
Voluntary Disclosure ,
White Collar Crimes
On February 24, 2023, the US Department of Justice (DOJ) rolled out a corporate self-disclosure policy (the Policy) to be applied by all 93 US Attorneys’ Offices throughout the country. The details of the Policy—which...more
2/28/2023
/ Corporate Crimes ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Investigations ,
Self-Disclosure Requirements ,
U.S. Attorney ,
Voluntary Disclosure ,
White Collar Crimes ,
Willful Misconduct
On October 31, 2022, the US Department of Justice’s (DOJ) Antitrust Division (Division) made good on its intention earlier this year to revitalize efforts surrounding criminal enforcement of Section 2 of the Sherman Act when...more
UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY -
A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more
9/21/2022
/ Acquisitions ,
Advertising ,
Anti-Competitive ,
Competition ,
Department of Justice (DOJ) ,
Dot Com Disclosure Guide ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
French Competition Authority ,
Gun-Jumping ,
Marketing ,
Mergers ,
Price-Fixing
To help you stay up to date on the enforcement trends impacting your compliance strategy, McDermott is pleased to invite you to the 2022 Enforcement Outlook webinar series, which covers key areas of enforcement on a monthly...more
9/14/2022
/ Antitrust Division ,
Antitrust Investigations ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Consumer Product Companies ,
Continuing Legal Education ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Job Market ,
Risk Mitigation ,
Section 2 ,
Sherman Act ,
Webinars
Without question, 2022 has been a remarkably busy time for the US Department of Justice’s (DOJ’s) Antitrust Division (Division). Over just a few months, the Division rolled out meaningful revisions to its leniency policy...more
9/1/2022
/ Antitrust Division ,
Antitrust Violations ,
Competition ,
Consumer Product Companies ,
Criminal Convictions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Investigations ,
Joe Biden ,
Monopolization ,
Price-Fixing ,
Procurement Collusion Strike Force
UNDERSTANDING CONSTRUCTION RISK ON INFRASTRUCTURE INVESTMENTS -
Private investment in infrastructure, especially renewable energy projects, is surging across the globe. In fact, total new investment in renewable energy hit...more
7/26/2022
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Energy Projects ,
Enforcement ,
Fraud ,
Infrastructure ,
Infrastructure Financing ,
Investigations ,
Investment ,
Investors ,
Korea ,
Renewable Energy ,
White Collar Crimes
EUROPEAN COMMISSION ADOPTED A PROPOSAL DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE -
On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence...more
6/6/2022
/ American Bar Association (ABA) ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Taxes ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
EU ,
European Commission ,
GILTI tax ,
Investigations ,
Member State ,
Model Rules ,
OECD ,
Pillar 2 ,
Sustainability ,
Tax Rates ,
White Collar Crimes
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO...more
4/22/2022
/ Antitrust Division ,
Bid Rigging ,
Biden Administration ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Due Process ,
Enforcement Actions ,
Indictments ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Sherman Act ,
Wage-Fixing
In July 2021, the US Department of Justice’s (DOJ) Antitrust Division brought its first-ever criminal no-poach market allocation case. The Antitrust Division indicted DaVita, Inc. and its former CEO Kent Thiry on three counts...more
4/22/2022
/ Antitrust Division ,
Antitrust Litigation ,
Criminal Conspiracy ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employment Litigation ,
Enforcement Priorities ,
Hiring & Firing ,
Jury Trial ,
Market Allocation Scheme ,
No-Poaching ,
Non-Solicitation Agreements ,
Per Se Rule ,
Webinars
The US Department of Justice’s (DOJ) Antitrust Division (Division) has continued to actively investigate and pursue alleged criminal violations of antitrust laws and collusive activity in government procurement. US Attorney...more
WHAT HAPPENED -
On March 2, 2022, the US Department of Justice (DOJ) Antitrust Division Deputy Assistant Attorney General Richard Powers revealed that the DOJ intends to investigate and pursue alleged criminal violations...more
In March 3, 2022, speeches at the American Bar Association’s Annual National Institute on White Collar Crime (ABA White Collar Institute), US Attorney General (AG) Merrick Garland and US Assistant Attorney General for the...more
CROSS-PRACTICE TEAM RECOVERS $6 MILLION FROM BITCOIN THIEF IN SHORT ORDER -
The Challenge:
In the emerging cryptocurrency space, most investors store their assets in digital wallets, where—unlike traditional bank...more
12/16/2021
/ Bitcoin ,
Chapter 11 ,
Clean Energy ,
Competition ,
Corporate Crimes ,
Cryptocurrency ,
Cybersecurity ,
Department of Justice (DOJ) ,
EU ,
Green New Deal ,
Investors ,
NIST ,
Ransomware ,
Renewable Energy ,
Taxation ,
Trading Platforms ,
White Collar Crimes
On December 6, 2021, the Biden administration unveiled its “Strategy on Countering Corruption” (Strategy), which includes far more detailed guidance on how the administration plans to fund, implement and enforce US President...more
12/8/2021
/ Analytics ,
Anti-Corruption ,
Anti-Money Laundering ,
Biden Administration ,
Data Collection ,
Department of Justice (DOJ) ,
Enforcement ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Government Agencies ,
Information Sharing ,
USAID
At an October 28, 2021, speech before the American Bar Association’s Annual National Institute on White Collar Crime, US Deputy Attorney General (Deputy AG) Lisa Monaco re-emphasized the priority placed by current leadership...more
The US Department of Justice (DOJ) and US Department of Health and Human Services, Office of Inspector General (HHS-OIG) are increasingly relying on sophisticated data analytics tools to identify and investigate fraud...more
10/27/2021
/ Criminal Investigations ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement ,
False Billing ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Healthcare ,
Healthcare Fraud ,
OIG ,
Risk Management ,
Statistical Analysis
KOREA WEBINAR SERIES 2021 -
In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more
9/9/2021
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Audits ,
Collusion ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Green Deal ,
Korea ,
Mergers ,
Procurement Collusion Strike Force ,
Public Procurement Policies ,
Risk Mitigation ,
Technology Sector ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
The US Department of Justice (DOJ) now has more ammunition and resources than ever to use data analytics in their investigations. The convergence of better technology, increasingly usable data sets, and the ripe combination...more
7/6/2021
/ Analytics ,
Antitrust Division ,
Antitrust Violations ,
Artificial Intelligence ,
Compliance ,
Compliance Monitoring ,
Corporate Counsel ,
Corporate Misconduct ,
Data Collection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Internal Audit Functions ,
Internal Investigations ,
Risk Mitigation ,
Vulnerability Assessments ,
Webinars ,
White Collar Crimes
On June 7, 2021, as part of the US Department of Justice’s (DOJ) continuing commitment to prosecuting cases where the government is a victim, a government contractor pleaded guilty to one count of bid-rigging and one count of...more
On June 7, 2021, as part of the US Department of Justice’s (DOJ) continuing commitment to prosecuting cases where the government is a victim, a government contractor pleaded guilty to one count of bid-rigging and one count of...more