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In May 2018, the Department of Justice (DOJ) announced a new policy to address a growing problem in white-collar criminal and civil enforcement. With increased frequency, law enforcement investigations of financial institutions and multinational corporations involve cooperation and information-sharing among governments, as well as among U.S. federal, state and local agencies. As Steven R. Peikin, co-director of the U.S. Securities and Exchange Commission’s (SEC) Division of Enforcement, observed in a speech in November 2017: “The level of cooperation and coordination among regulators and law enforcement worldwide is on a sharply upward trajectory.” As a result, companies have faced multiple — and often duplicative — penalties in numerous jurisdictions, particularly in the area of anticorruption enforcement.
By Alastair Johnson
The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.
By Eric M. Meiring
Corporate counsel should be aware of the following 10 common mistakes that practitioners make when representing clients in criminal antitrust matters.
By William F. Johnson
This article reviews the history of the admission of individual co-conspirator plea allocutions in criminal cases and discuss why the admission of a corporate guilty plea, despite the opportunity to cross-examine a corporate employee who signed the plea agreement, does not provide the type of cross-examination guaranteed by the Confrontation Clause.
By Colleen Snow
Changes to Yates Memo Announced