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Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are “partners, not adversaries.” In November 2017, DOJ promulgated its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy, which is incorporated into the Justice Manual (formerly known as the United States Attorneys Manual). The FCPA Corporate Enforcement Policy was intended to promote fairness and predictability in FCPA corporate enforcement and to incentivize self-reporting. Through a series of policy announcements, the DOJ expanded and clarified the reach of the FCPA Corporate Enforcement Policy — first as “nonbinding guidance” in corporate criminal cases outside the context of the FCPA, and later as applied to successor FCPA liability in mergers and acquisitions (M&A).
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Leveraging Data and Deal Terms to Meet the Demands of the DOJ’s New M&A Safe Harbor
By Patrick T. Campbell, Jonathan B. New, James A. Sherer, and Lauren E. Sternbach
This article describes the DOJ’s new M&A safe harbor policy and also provides practical insights on how companies engaged in M&A can meet the DOJ’s expectations.
AI Is Attracting Antitrust Regulatory Scrutiny
By Gretchen L. Jankowski and Abigail L. Cessna
While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology.
Are Law Firms Ready for the Corporate Transparency Act?
By Ross Aronowitz
With the beginning of a new year around the corner and the introduction of new compliance obligations under the Corporate Transparency Act (CTA), many law firms are scrambling to determine how they will assist clients who may be subject to these additional regulations.
The White House’s AI Executive Order Has Teeth, But Does It Bite?
By Cat Casey
Packing more tricks and treats than a suburban soccer mom, this sweeping order was ambitious, to say the least, artfully seeking to thread the needle and balance fear and desire when it comes to the AI renaissance sweeping the globe. And yet, hidden within the body of the order lay something that might make this sweeping and ambitious order flop.
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