What in the world is happening with enforcement of the Foreign Corrupt Practices Act (FCPA)? And what does the recent executive order (EO) and Department of Justice (DOJ) guidance mean for U.S. and global companies? Our view...more
2/13/2025
/ Anti-Corruption ,
Bribery ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
Trump Administration ,
White Collar Crimes
On November 12, 2024, the Department of Justice (DOJ) Antitrust Division (Division) updated its guidance on how prosecutors will evaluate corporate antitrust compliance programs for the first time since 2019. The Division’s...more
On September 23, 2024, the Department of Justice’s (“DOJ”) Criminal Division announced significant changes to its Evaluation of Corporate Compliance Programs (“ECCP”), which prosecutors use in assessing the effectiveness of...more
10/18/2024
/ Anti-Retaliation Provisions ,
Artificial Intelligence ,
Chief Compliance Officers ,
Compliance ,
Corporate Governance ,
Department of Justice (DOJ) ,
Machine Learning ,
Mergers ,
Risk Management ,
Speak-up Cultures ,
Whistleblower Awards
On November 28–30, 2023, the American Conference Institute’s 40th International Conference on the Foreign Corrupt Practices Act (“FCPA”), held in Washington, D.C., brought together prosecutors, regulators, corporate...more
12/6/2023
/ Clawbacks ,
Compliance ,
Corruption ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Instant Messaging Apps ,
Non-Prosecution Agreements ,
Remediation ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
White Collar Crimes
On October 4, 2023, Deputy Attorney General Lisa Monaco (the “DAG”) announced a new Mergers & Acquisitions (“M&A”) Safe Harbor Policy issued by the Department of Justice (“DOJ”) as part of her comments detailing increased...more
10/10/2023
/ Anti-Corruption ,
Antitrust Division ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Mischief ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Mergers ,
National Security ,
Safe Harbors ,
Voluntary Disclosure
On September 26, 2023, the “Export Enforcement Five” or “E5” partnership among the governments of Australia, Canada, New Zealand, the United Kingdom, and the United States issued joint guidance focused on preventing Russian...more
10/4/2023
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Due Diligence ,
Economic Sanctions ,
End-Users ,
Evasion ,
Exporters ,
Financial Institutions ,
Globally Harmonized System ,
Priority Watch Lists ,
Red Flags Rule ,
Russia ,
Technology Sector
On July 26, 2023, the U.S. Departments of Justice, Treasury, and Commerce issued a joint compliance note (“JCN”) regarding voluntary self-disclosure (“VSD”) policies that apply to potential violations of U.S. sanctions...more
8/4/2023
/ Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
FinCEN ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
U.S. Commerce Department ,
U.S. Treasury ,
Whistleblowers
On January 17, 2023, Assistant Attorney General Kenneth A. Polite, Jr. (“AAG Polite”) announced several key revisions to the Department of Justice (“DOJ”) Criminal Division’s Corporate Enforcement Policy (the “CEP”) governing...more
Discussion with two former senior prosecutors on how to handle cases involving Japanese multinational corporations -
It is not unusual for the U.S. Department of Justice to investigate non-U.S. multinational corporations...more
7/26/2022
/ Attorney-Client Privilege ,
Board of Directors ,
Cooperation ,
Corporate Executives ,
Corporate Monitoring ,
Criminal Investigations ,
Criminal Liability ,
Criminal Prosecution ,
Data Privacy ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Japan ,
Multinationals ,
Patriot Act ,
Recidivism ,
Virtual Currency ,
Webinars ,
White Collar Crimes