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Mind Your Flanks
When allegations of foreign bribery surface ' whether from news reports, a whistleblower submission, or otherwise ' companies move aggressively to address the many issues associated with a potential investigation by the U.S. Department of Justice (DOJ) and/or the U.S. Securities and Exchange Commission (SEC). With U.S. Foreign Corrupt Practices Act (FCPA) fines and penalties that can stretch into the hundreds of millions of dollars, and the U.S. government's well-documented increased enforcement of the FCPA reflecting a fervent commitment to root out corruption, such attention certainly is not misplaced.
However, addressing only the investigation and remediation of potential FCPA violations may not be enough to protect your client. In-house and outside counsel must also mind their flanks, because collateral litigation is a fact of life when FCPA investigations become public. Counsel's internal investigation and enforcement defense must take into account the likelihood of parallel litigation.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.