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Recent developments suggest that the U.S. Department of Justice (DOJ) will continue to pursue extraterritorial criminal cases in connection with the government’s broader programmatic goals. For example, as the private sector works to implement sanctions recently imposed in response to Russia’s invasion of Ukraine, prosecutors will likely seek to investigate violations of those measures and efforts to evade them by foreign actors, including in the cybersecurity and cryptocurrency spaces. Foreign targets are also likely part of the “robust pipeline” of the Foreign Corrupt Practices Act (FCPA) cases referenced by senior DOJ official Nicholas McQuaid in January 2022. As DOJ looks abroad to support the Biden Administration’s national security and criminal justice objectives, the defense bar will continue to be called upon to advise foreign clients, with assistance from local counsel, on risks related to arrest and extradition (as well as the substance of the investigations). This article addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.
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Common Pitfalls In Personal Device Collection
By Marjorie Peerce and Marguerite O’Brien
Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
FCPA Compliance Guidance for Global Businesses
By Cole Callihan
The Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption.
Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws
By Karen Hoffman-Lent and Kenneth Schwartz
The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.
Will the Corporate Transparency Act Smother the Cannabis Industry?
By Steve Schain
The CTA requires business entities to file information on their “beneficial owners” with FinCEN, which, in turn, may disclose it to domestic and foreign law enforcement agencies, prosecutors, judges and financial institutions.
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