ArticleA Compilation Of Non-Enforcement ActionsThe SEC's Custody Rule was recently revised by the SEC* to target the abuses cited in the Madoff Ponzi scheme and other frauds.United StatesCorporate/Commercial LawFoley & Lardner LLP
ArticleRevisiting Insider Trading In The Debt Markets: Lessons For Debt Investors And Members Of Committees In Bankruptcy CasesFor some participants in the debt and credit markets, insider trading risks seem like a problem for someone else. There is some statistical basis for that assumption; the law of insider trading has been developed largely through cases involving the equity markets. There is no basis, however, for a sense of immunity. United StatesFinance and BankingFried Frank Harris Shriver & Jacobson
ArticleDeputy AG Announces Significant Changes To DOJ Policies Regarding Corporate InvestigationsThe changes Monaco announced on Thursday were the result of studies and recommendations by the Corporate Crime Advisory Group. United StatesCorporate/Commercial LawAkin
PodcastEnforcement Trends: The New Administration And Securities Enforcement (podcast)In the podcast (and transcript) we're going to discuss what securities enforcement might look like under a Trump administration.United StatesCorporate/Commercial LawRopes & Gray LLP
ArticleDOJ Continues To Discuss Updates To Compliance Program Guidance And Corporate Enforcement PoliciesAs the spring conference season winds down, there was one topic that remained top of mind. At the Food and Drug Law Institute ("FDLI")'s Annual Conference on May 17-18, 2023, the U.S. Department of Justice...United StatesCriminal LawSheppard
ArticleDOJ Fraud Division Orders Broader, Faster EnforcementThe Department of Justice's National Fraud Enforcement Division has issued a sweeping directive mandating prosecutors to attack fraud from all angles using tax, securities fraud, consumer fraud, and cybercrime authorities. This comprehensive approach includes aggressive asset seizure strategies, enhanced cooperation mechanisms, and expanded enforcement tools aimed at dismantling fraud schemes and maximizing recoveries across government contracting, healthcare, and financial sectors. United StatesCriminal LawBracewell LLP
ArticleDOJ Implements New Policies To Help Rebuild And Strengthen Their Corporate Enforcement ProgramEarlier this month, Deputy Attorney General Lisa Monaco delivered remarks outlining the Department of Justice's (DOJ) new policies on corporate criminal enforcement. The remarks were published in a DOJ memorandum...United StatesCriminal LawBuchanan Ingersoll & Rooney
ArticleFourth Circuit Clarifies When A Regulatory Violation May Lead To A False Claims Act ViolationThe U.S. Fourth Circuit Court of Appeals’ recent decision in United States ex rel. Rostholder v. Omnicare, Inc., reconfirms the well-founded principle that a civil False Claims Act (FCA) claim that is based on the defendant’s violation of a regulation or statute must allege that the payment sought from the federal government was conditioned on compliance with the relevant statutes or regulations. United StatesCriminal LawBradley Arant Boult Cummings LLP
ArticleHow To Spot Fraudsters In The MakingGovernment employees must grapple with many of the same pressures that drive anyone to commit fraud, but there are additional influences at work in government operations. Here, authors Emy Neuman-Javornik and Brenda Buetow discuss how managers may be able to identify those who are likely to succumb to the temptation to commit fraud.United StatesCriminal LawCrowe Horwath LLP
ArticleRadical Reforms Of UK Corporate Criminal Liability Receive Royal AssentAfter a laborious passage through the United Kingdom Parliament, the Economic Crime and Corporate Transparency Act (the Act) received Royal Assent on 26 October 2023. The Director of the UK Serious...United StatesCriminal LawWilmerHale
ArticleDOJ's New Corporate Enforcement & Voluntary Self-Disclosure Policy: Implications For Government ContractorsThe U.S. Department of Justice recently expanded and clarified its Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP), significantly strengthening incentives for corporations to report misconduct...United StatesGovernment, Public SectorBradley Arant Boult Cummings LLP
ArticleSpreading Holiday Cheer: A Reminder To Ensure Goodwill Gestures Do Not BackfireAlthough a gift may fit within the parameters of what a government official is allowed to accept, the contractor’s intent in providing the gift may still be in violation of the laws that govern a contractor’s ability to give gifts.United StatesGovernment, Public SectorReed Smith
ArticleBrazil’s New Clean Companies Act Continues Global Fight Against CorruptionPresident Dilma Rousseff signed into law the Clean Companies Act, Brazil’s first sweeping anti-corruption law targeting corporations. GlobalCorporate/Commercial LawMorrison Foerster
ArticleDOJ Launches FCPA Pilot Program to Encourage Corporate Voluntary Disclosure and CooperationOn April 5, 2016, the Fraud Section of the Department of Justice's (DOJ) Criminal Division issued an enforcement plan and guidance (the Guidance) laying out three steps it is taking to intensify Foreign Corrupt Practices Act (FCPA) enforcement, ..United StatesCorporate/Commercial LawWilmerHale
ArticleFCPA Regulators Speak On Newly Released FCPA Guidance And Reiterate Unwavering Commitment To FCPA EnforcementLast week was a busy week for compliance officers and FCPA practitioners.United StatesCorporate/Commercial LawMorrison Foerster
ArticleLessons from DisneyOn August 9, 2005, the Delaware Chancery Court issued its post-trial opinion in In re The Walt Disney Company Derivative Litigation. The facts of the case are set out in detail in the opinion. What follows is a preliminary analysis of some of the key messages that can be drawn from the opinion.United StatesCorporate/Commercial LawMorrison Foerster
ArticleMonaco Memorandum Updates DOJ Corporate Enforcement PolicyFor many years the Department of Justice (DOJ) has sought to encourage voluntary disclosure of wrongdoing by companies.United StatesCorporate/Commercial LawMorvillo Abramowitz Grand Iason & Anello
ArticleDeputy Attorney General Monaco Reiterates DOJ's Focus On Prosecuting Individuals And Announces New Guidelines For Prosecuting Corporate CrimeOn September 15, Deputy Attorney General (DAG) Lisa O. Monaco announced changes to the Department of Justice's (DOJ) Corporate Criminal Enforcement program.United StatesCriminal LawKatten
ArticleDOJ Announces Significant Policy Changes Affecting Corporate Criminal EnforcementOn the heels of its recent Corporate Enforcement Policy updates, the U.S. Department of Justice (DOJ) announced several new policies around executive compensation clawbacks, ephemeral messaging, and the intersection of corporate crime and national security.United StatesCriminal LawHolland & Knight
ArticleDOJ Leaders Affirm New Approach To Corporate Criminal Enforcement And Preview Policy ChangesLeaders from the U.S. Department of Justice (DOJ) joined white collar defense attorneys at the American Conference Institute's annual conference on Dec. 4, 2025.United StatesCriminal LawHolland & Knight