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The U.S. District Court for the Southern District of New York issued an interesting comity decision on whether U.S. courts should defer to foreign countries’ secrecy and blocking statutes when considering motions for discovery of documents located abroad.

The Department of Justice has revamped its Corporate Enforcement and Voluntary Self-Disclosure Policy, offering significant incentives for companies that proactively report misconduct. Understanding how voluntary self-disclosure, full cooperation, and timely remedial actions can help businesses avoid prosecution is crucial for corporate compliance strategies.

On Friday, March 7, 2008, the Department of Justice issued guidelines governing the selection, duties and terms of independent monitors — outside experts, usually lawyers, who oversee a corporation investigated by the government for misconduct as part of a settlement or deferred prosecution agreement.

On 6 December 2016, in Salman v. United States, the US Supreme Court ("Court") affirmed the insider trading conviction of a defendant who traded on inside information after receiving it....

As Professor Mike Koehler noted in his recent post, the DOJ previously declined to issue FCPA guidance on numerous occasions.

Anti-bribery and corruption agencies in the UK, France and Switzerland today announced a shared commitment to tackling international bribery and corruption, by way of a new taskforce intended to strengthen collaboration.

Attorney General Pam Bondi directs the DOJ to focus on prosecuting transnational criminal organizations ("TCOs") and Cartels...

On April 15, 2024 the Criminal Division of the US Department of Justice ("DOJ") launched a pilot program to encourage voluntary self-disclosures by offering mandatory non-prosecution agreements...

Just in time for the US Thanksgiving Day holiday, the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have jointly delivered the much anticipated Resource Guide to the U.S. Foreign Corrupt Practices Act (the Guide).

The U.S. Court of Appeals for the Second Circuit in United States v. Walsh ruled that the defendant could not use the proceeds from the sale of his house to fund his criminal defense because he used tainted funds to obtain the home.

The U.S. Court of Appeals for the Second Circuit upheld an 85-year prison sentence in United States v. Stitsky over the defendants' claim it constituted "cruel and unusual punishment."

In 2016, the U.S. Commodity Futures Trading Commission brought several significant enforcement actions involving computerized robo-advisors, recordkeeping and reporting requirements, insider trading, spoofing, market manipulation, and employee liability. Many of these cases included novel theories and new interpretations of existing laws and regulations.

On February 8, 2017, the Fraud Section of the U.S. Department of Justice (DOJ) published new guidance titled "Evaluation of Corporate Compliance Programs" (Compliance Guidance), ...

Significant new amendments to the federal False Claims Act (FCA) were signed into law on May 20, 2009 as part of the Fraud Enforcement and Recovery Act of 2009 (FERA).

The first major decision interpreting the retroactivity of one amendment to FCA liability in the Fraud Enforcement and Recovery Act of 2009 (“FERA”) has limited the retroactive application of that amendment, holding that it applies to FCA “claims”—not FCA cases—that were pending as of June 7, 2008.

As we pass the midpoint of 2005, identity theft and information security issues are reaching critical mass in politics, law enforcement and the media. When corporate officers and attorneys return from their summer vacations, they will find a high-risk environment for any company that has failed to make data security a top priority.

On March 19, 2026, the Department of Justice (“DOJ”) announced that it was declining to prosecute Balt SAS, a France-based medical device company, and its subsidiary Balt USA LLC (together, “Balt”)...