In November 2024, the U.S. Department of Justice Antitrust Division (“Antitrust Division” or “Division”) updated its guidance on how it will evaluate Corporate Compliance Programs when conducting criminal antitrust...more
In today’s regulatory landscape, dawn raids — surprise, on-the-spot government inspections — have become increasingly prevalent, especially in Europe, Asia, and South America, where regulatory scrutiny is intensifying. In the...more
11/8/2024
/ Anti-Competitive ,
Asia ,
Corporate Misconduct ,
Dawn Raids ,
Documentation ,
Email ,
Enforcement ,
EU ,
European Commission ,
Inspections ,
Multinationals ,
Nasdaq ,
Privileged Documents ,
Regulatory Requirements ,
Self-Disclosure Requirements ,
South America
Corporate use of third-party messaging platforms, including ephemeral messaging tools (which allow messages to disappear), is quite common and has become both a cost efficiency for employers and a convenient way for employees...more
In October 2023, the Department of Justice (DOJ) announced a new Mergers & Acquisitions Safe Harbor Policy (“Safe Harbor Policy”) designed to encourage acquiring companies to voluntarily disclose criminal misconduct...more
6/20/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Foreign Entities ,
Mergers ,
Multinationals ,
Policies and Procedures ,
Safe Harbors ,
Sherman Act ,
Willful Misconduct
On May 30, 23 Senators signed a letter to the Attorney General, calling on the U.S. Department of Justice’s (DOJ) Antitrust Division to “use every tool” to investigate the oil industry for potential violations of the Sherman...more
The United States Department of Justice (DOJ) actively enforces the Sherman Act within the U.S. and internationally. Generally described, the Sherman Act is a powerful statutory scheme designed to prohibit anti-competitive...more
The presence of private equity (PE) investment has exploded in recent years in all areas of the health care sector. PE in health care is a good thing when done right: It can pave the way for much needed innovation,...more
3/30/2023
/ Antitrust Division ,
Biden Administration ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement ,
Healthcare ,
Investment ,
Kickbacks ,
Medicaid ,
Private Equity ,
Reimbursements ,
The Clayton Act
Sentencing in federal fraud cases is driven by loss amounts. To seek a higher sentencing guidelines range, the government often relies on a defendant’s “intended” loss,” rather than the “actual” loss. That approach no longer...more
In November 2019, the Department of Justice (DOJ) announced the creation of the Procurement Collusion Strike Force (PCSF), an interagency partnership composed of prosecutors from the Antitrust Division and the United States...more
On April 4, 2022, the U.S. Department of Justice’s Antitrust Division released updated guidance on its Leniency Program, which protects companies and employees who cooperate with the government from prosecution for their...more