The Department of Justice ("DOJ") is wasting no time in implementing the new cyber-security Executive Order (the EO), signed on February 28, 2024. As explained in our April 2024 blog post, the EO aims to portect Americans’...more
Government officials underscored the importance of artificial intelligence (AI) enforcement and data protection during the American Bar Association’s 39th National Institute on White Collar Crime in March 2024. Specifically,...more
Cybersecurity compliance, governance, and disclosure practices have evolved significantly over the past decade. As we have noted in prior blog posts, the U.S. Securities and Exchange Commission is requiring cybersecurity...more
As we look back on the anti-corruption enforcement trends we saw in 2023, there were several key developments.
The Department of Justice (“DOJ”) brought 11 enforcement actions in 2023. Only six were against companies -...more
On September 28, 2023, the Securities and Exchange Commission (“SEC”) announced that it reached a settlement with Exelon Corporation and its subsidiary, Commonwealth Edison Company (“ComEd”), relating to charges that ComEd...more
On November 30, 2022, OpenAI launched ChatGPT, and the artificial intelligence chatbot quickly became the talk of the corporate world. With over 100 million users, ChatGPT is one of the fastest growing applications of all...more
9/5/2023
/ Artificial Intelligence ,
Bias ,
Confidential Information ,
Copyright ,
Copyright Infringement ,
Data Security ,
Employee Training ,
Employment Discrimination ,
Machine Learning ,
Policies and Procedures ,
Risk Management ,
Security Breach
An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more
8/9/2023
/ Americans with Disabilities Act (ADA) ,
Audits ,
Background Checks ,
Classification ,
Collective Bargaining Agreements (CBA) ,
Data Protection ,
Employee Privacy Rights ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Human Resources Professionals ,
Pre-Employment Agreements ,
Recordkeeping Requirements ,
Title VII ,
Unions ,
Wage and Hour
An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. Further, by engaging...more
On February 22, 2023, the U.S. Department of Justice’s (DOJ) United States Attorneys’ Offices (USAO) announced a new Voluntary Self-Disclosure Policy that went into immediate effect. The purpose of the new policy is to create...more
The following summarizes our team’s monitoring of key developments in anti-corruption enforcement during 2022 and what that may mean going forward in this new year:.....more
While companies increase focus on external risks by enhancing regulatory compliance, anti-corruption policies, and cybersecurity, they must not lose sight of internal risks, including internal fraud and embezzlement....more
9/13/2022
/ Anti-Corruption ,
Embezzlement ,
Employment Policies ,
Enforcement ,
Fraud ,
Job Duties ,
Labor Relations ,
Policies and Procedures ,
Remote Working ,
Suspicious Activities ,
White Collar Crimes
In previous posts on the Porter Hedges Anti-Corruption & Compliance Blog, our team has discussed the U.S. Securities and Exchange Commission’s (“SEC”) proposal to amend its rules and require disclosures related to...more
8/3/2022
/ Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Hackers ,
Passwords ,
Phishing Scams ,
Popular ,
Regulation S-K ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Software ,
Two-Step Verification
Cybersecurity is the goliath of tech-related concerns for companies of all sizes, not just large corporations. The Cybersecurity & Infrastructure Security Agency (“CISA”) encourages small and midsize businesses to focus on...more
According to the Cybersecurity & Infrastructure Security Agency, cybersecurity is the process whereby information and communications systems, and the information contained in those systems, are protected from and/or defended...more
On March 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed amendments to its rules to require additional disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by...more
In late January 2022, the Department of Justice (“DOJ”) issued Opinion Procedure Release 22-01, its first Foreign Corrupt Practices Act (“FCPA”) Opinion since 2020. The opinion states that based on the specific facts...more
In response to Russia’s anticipated and then executed invasion of Ukraine, last week the U.S. Department of Treasury ("Treasury") announced two new rounds of economic sanctions against Russian-connected financial institutions...more
As we look back on 2021, several anti-corruption enforcement trends emerge. The following summarizes the key developments of the prior year and trends to watch in 2022:
The Department of Justice (“DOJ”) brought 24...more
2/2/2022
/ Anti-Corruption ,
Biden Administration ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblowers
On October 19, 2021, the U.S. Securities and Exchange Commission (“SEC”) announced that Credit Suisse Group AG (Credit Suisse) agreed to pay $100 million to the SEC (among other penalties to other agencies) for violations of...more
On September 24, 2021, the Securities and Exchange Commission (“SEC”) announced a settlement with WPP plc, the world’s largest advertising group with dual headquarters in New York City and London. According to the SEC’s...more
In August 2021, the Securities and Exchange Commission (the “SEC”) announced multiple sizable whistleblower awards totaling approximately $16.1 million to 14 individuals. The awards ranged from $150,000 to $3.5 million. These...more
On June 25, 2021, the Department of Justice (“DOJ”) and the Securities Exchange Commission (“SEC”) simultaneously announced that the international engineering and project management firm, Amec Foster Wheeler (“Foster Wheeler”...more
On June 3, 2021, President Biden issued a Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest (the “Memo”). The Memo recognized the current Administration’s emphasis on...more
On April 29, 2021, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the agency that enforces and administers U.S. economic and trade sanctions, announced a settlement with Dallas-based MoneyGram...more
The U.S. Department of Labor recently announced that the Occupational Safety and Health Administration (“OSHA”) will oversee worker retaliation complaints under the Criminal Antitrust Anti-Retaliation Act (“CAARA”) and the...more