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By having the Justice Department's number two official instruct prosecutors to target individual business people for criminal prosecution and civil sanctions, DOJ is upping the ante in white collar enforcement...

On December 10, 2014, in United States v. Newman, et al., the US Court of Appeals for the Second Circuit clarified the elements required to establish insider trading ..

The Securities and Exchange Commission (SEC) has proposed rules to implement the SEC whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) enacted on July 21, 2010.

The ripple effects of the Madoff, Stanford and other investment scandals continue to extend outward.

In an order published October 4, 2006, the Federal Trade Commission (FTC or Commission) announced its intention to begin aggressive enforcement action against telemarketers that deliver prerecorded voice messages, even where the called party has an established business relationship (EBR) with the caller.

As a response to politicians and others who claim the current German framework for sanctioning corporate misconduct is inadequate

Remember Ivan Boesky, Dennis Levine, and Michael Milken? Many Wall Street professionals and corporate executives are too young to remember the insider trading scandals of the 1980s. And that is the problem. Insider trading cases against Wall Street professionals and corporate executives are back in a big way.

When a complex transaction directed by a CEO or CFO is later deemed criminal and the executive is charged, what exposure could outside counsel face ...

Last week, three former executives of a medical device company were sentenced to federal prison terms for their roles in managing a company that marketed a device for an unauthorized use and conducted unauthorized clinical trials that were associated with the deaths of three participants.

Deputy Attorney General Paul McNulty recently revised Department of Justice (DOJ) guidelines concerning the federal prosecution of business organizations. The McNulty Memorandum replaces DOJ’s prior guidelines, which were issued in 2003 by then Deputy Attorney General Larry Thompson.

The SEC’s message is consistent and clear: companies that self-report Foreign Corrupt Practices Act ("FCPA") violations will have better outcomes than companies that do not voluntarily come forward.

The Securities and Exchange Commission recently revealed details of an insider trading case ..

Throughout the last decade, companies and executives have faced ever-increasing penalties, corporate and personal indictments, third-party oversight of business operations, and loss of reputation.

Every public company can or should be considering the implications of the government’s rapidly expanding investigation into allegations that executives received back-dated options at favorable strike prices.

Deputy Attorney General Lisa O. Monaco recently announced new policies targeting corporate white collar crime and reversing Trump-era guidelines deemed too lenient by the current leadership...

On August 1, 2024, Deputy Attorney General Lisa Monaco introduced the Department of Justice Criminal Division's Whistleblower Awards Pilot Program. Under the pilot program...

The US Department of Justice's National Fraud Enforcement Division has issued its first comprehensive corporate enforcement directive, establishing new investigation priorities and charging factors that will reshape how federal prosecutors approach fraud cases. Companies in healthcare, government contracting, tax, and international trade now face heightened scrutiny under a centralized enforcement framework that emphasizes data-driven detection...

Last week, the Financial Crimes Enforcement Network ("FinCEN") issued guidance in the form of frequently asked questions ("FAQs") to clarify various aspects of its final rule regarding "prepaid access" ("Final Rule").