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Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Antitrust Criminal Enforcement on the Horizon

With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

Personal Devices and Messaging: Evolving Compliance Concerns and Best Practices [Audio]

With methods of professional communication constantly evolving, the U.S. Department of Justice (DOJ) recently revised its Evaluation of Corporate Compliance Programs to address how prosecutors should evaluate the ways that...more

Judge Acquits All in Most Recent DOJ No-Poach Setback

The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. In perhaps the DOJ’s...more

Antitrust Division Calls on Activision to Do Its Duty to eSports League Players

On April 3, the Department of Justice's Antitrust Division (DOJ) filed a complaint against and settlement with Activision Blizzard, Inc. (Activision), alleging the company violated Section 1 of the Sherman Act....more

DOJ Fails to Convict in No-Poach/Wage Fixing Case

The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. Having finally secured a...more

Lessons Learned: A Government Litigation Case Study [Audio]

Allegations of a sprawling poultry price-fixing scheme affecting millions of Americans. An “unheard-of” three trials. Two mistrials. The Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division...more

Hee Pretrial Diversion Agreement Signals Small Victory for Antitrust Division in Wage Fixing and Staffing Allocation Case

Almost two years after indicting Ryan Hee for allegedly conspiring to allocate staffing and fix the wages of nurses, in violation of Section 1 of the Sherman Act (15 U.S.C. § 1), the government and Mr. Hee have entered into a...more

DOJ Making Good on Section 2 Monopolization Enforcement Promises With Latest Criminal Indictment

On Tuesday, December 6, the U.S. Department of Justice (DOJ), Antitrust Division, announced the unsealing of criminal charges against 12 individuals in the Southern District of Texas as part of an 11-year price fixing and...more

SEC Modernizes Its Recordkeeping Requirements for Certain Registrants

On October 12, the Securities and Exchange Commission (SEC) voted to adopt new electronic recordkeeping requirements for broker-dealers, security-based swap dealers (SBSDs), and major security-based swap participants (MSBSPs)...more

Newly Released CFIUS Enforcement and Penalty Guidelines

The Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), recently issued CFIUS Enforcement and Penalty Guidelines. While CFIUS — the committee that reviews potential...more

EO Provides CFIUS Guidance on Conducting National Security Reviews

On September 15, President Biden issued Executive Order 14083 (EO) — “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” — providing formal guidance...more

It’s Not “Business as Usual” for DOJ’s Corporate Criminal Enforcement Efforts

On the heels of a speech delivered by Deputy Attorney General (DAG) Lisa Monaco to NYU Law School on September 15, the Department of Justice (DOJ) issued a memorandum and announced further revisions to its existing corporate...more

Plea Deal in First-Ever Cryptocurrency Insider Trading Case

In what the Manhattan federal prosecutors have touted as the first-ever guilty plea in an insider trading case involving cryptocurrency, the brother of a former Coinbase Global, Inc. (Coinbase) product manager pled guilty to...more

DOJ’s Robust 2020 Pandemic Response Signals Increasing Focus on COVID-19-Related Fraud in 2021

Why It Matters - As evidenced in the recently published 2020 Year in Review Report (Report), the Department of Justice’s Fraud Section (Fraud Section) demonstrated its resilience despite the COVID-19 pandemic, as well as its...more

Return of More Subpoena Power to SEC’s Division of Enforcement

On February 9, Acting Securities and Exchange Commission (SEC or Commission) Chair Allison Herren Lee announced that senior officers in the SEC’s Division of Enforcement (Division) will once again be authorized to approve the...more

DOJ to Refocus on Individualized Determinations in Criminal Prosecutions

While President Biden’s nominee for attorney general, Merrick Garland, awaits a hearing before the Senate Judiciary Committee, Acting U.S. Attorney General Robert M. “Monty” Wilkinson has revoked May 10, 2017 guidance issued...more

Congress Passes Law Expanding the SEC's Ability to Seek Disgorgement

On Friday January 1, with the Senate’s floor vote to override the president’s veto, Congress passed the 60th annual National Defense Authorization Act (NDAA). Encompassed within the $740.5 billion military spending bill is an...more

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