DOJ DOUBLES DOWN ON CORPORATE ENFORCEMENT WITH NEW WHISTLEBLOWER PROGRAM -
During the 2024 American Bar Association National Institute on White Collar Crime (the 2024 White Collar Conference) earlier in March US Attorney...more
5/9/2024
/ Artificial Intelligence ,
Automotive Industry ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Labor Regulations ,
Payment Systems ,
PCI-DSS Standard ,
Pilot Programs ,
Regulatory Agenda ,
Unified Patent Court ,
Unions ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
When it comes to antitrust criminal enforcement, 2023 will be remembered as the year when the US Department of Justice’s (DOJ) Antitrust Division redefined and tested the outer boundaries of its authority. This report looks...more
2/9/2024
/ Antitrust Division ,
Corporate Counsel ,
Criminal Antitrust Litigation ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Investigations ,
National Security ,
Procurement Collusion Strike Force ,
Technology Sector ,
Wage-Fixing
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
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 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
At a September 15, 2022, speech at New York University School of Law, US Deputy Attorney General (Deputy AG) Lisa Monaco announced several new policies intended to further the aggressive stance the US Department of Justice...more
9/19/2022
/ Cooperation ,
Corporate Counsel ,
Corporate Governance ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
White Collar Crimes
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
The healthcare enforcement landscape is shifting quickly. This issue of McDermott’s Healthcare Enforcement Quarterly examines emerging trends and key issues for organizations that may become subject to enforcement scrutiny,...more
4/14/2022
/ Appeals ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Medicare ,
OIG ,
Regulatory Oversight ,
Substance Abuse ,
Telehealth ,
Trump Administration
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
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
Last week, President Biden issued a memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest. The memorandum ushers in a new era of collaboration between federal agencies and...more
6/8/2021
/ Anti-Corruption ,
Anti-Money Laundering ,
Biden Administration ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Government Agencies ,
National Security ,
NDAA ,
Presidential Memorandum
McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021.
This...more
5/12/2021
/ Anti-Money Laundering ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Best Practices ,
Biden Administration ,
Buy America ,
Civil Liability ,
Collusion ,
Comment Period ,
Competition ,
Competition Authorities ,
Compliance ,
Cooperation ,
Criminal Liability ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Internal Investigations ,
Japan ,
Mergers ,
Procurement Collusion Strike Force ,
Public Comment ,
Public Procurement Policies ,
Risk Mitigation ,
Section 201 ,
Section 232 ,
Section 301 ,
Section 337 ,
US Trade Policies ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021.
This...more
5/12/2021
/ Anti-Money Laundering ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Best Practices ,
Biden Administration ,
Buy America ,
Civil Liability ,
Collusion ,
Comment Period ,
Competition ,
Competition Authorities ,
Compliance ,
Cooperation ,
Criminal Liability ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Internal Investigations ,
Japan ,
Mergers ,
Procurement Collusion Strike Force ,
Public Comment ,
Public Procurement Policies ,
Risk Mitigation ,
Section 201 ,
Section 232 ,
Section 301 ,
Section 337 ,
US Trade Policies ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
On August 14, 2020, for the first time in roughly six years, the US Department of Justice (DOJ) issued an advisory opinion regarding compliance with the Foreign Corrupt Practices Act (FCPA). More than two years ago, former...more
In this installment of the Healthcare Enforcement Roundup we cover new and longstanding issues impacting the healthcare enforcement landscape. First, we explore the impact of the Coronavirus (COVID-19) on the healthcare...more
7/27/2020
/ 1135 Waivers ,
Compliance ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
e ,
False Claims Act (FCA) ,
Guidance Update ,
Health Care Providers ,
Hospitals ,
Objective Falsity ,
Physicians ,
Split of Authority ,
Stark Law ,
Whistleblowers
As the largest corporate relief package in US history, the CARES Act likely will produce an unparalleled number of government investigations in the months and years to come. Companies that receive assistance should be...more
On March 11, 2020, the Second Circuit heard arguments in United States v. Chi Ping Patrick Ho, a case testing the reach of the Foreign Corrupt Practices Act (FCPA) much like the 2018 case United States v. Hoskins. And, once...more
A recent US District Court for the District of Connecticut decision reveals the practical limits of the Foreign Corrupt Practices Act (FCPA) in cases involving foreign nationals, foreign conduct and complex multinational...more
The US Sentencing Guidelines permit reductions of criminal penalties based on a business organization’s inability to pay criminal fines, but were unclear about how it would make such determinations. An October 8 memorandum...more
12/3/2019
/ Corporate Crimes ,
Corporate Criminal Fines ,
Corporate Misconduct ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Failure To Pay ,
Federal Sentencing Guidelines ,
Memorandum of Guidance ,
Penalty Reductions ,
White Collar Crimes