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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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By Robert J. Anello and Richard F. Albert
By undoing some of the higher profile policy changes of the prior administration that many perceived as business-friendly, the current administration has served notice on the business and financial community of a return to practices characteristic of a more aggressive enforcement regime.
By Veeral Gosalia
Major crisis events, such as political uprisings or financial downturns, are typically followed by an increase in fraud in the business sector and heightened risk to corporate IP and other sensitive information. Anecdotally, this seems to be proving out again in the recent and ongoing fallout from the pandemic. Even before this Great Resignation movement, corporations across the globe were reporting increases in suspicious activity, data leakage, IP theft and other data risks stemming from departing employees and remote workers.
By Nola B. Heller and Samson Enzer
This article discusses the potential criminal and civil penalties that companies can face if their employees engage in insider trading in digital assets, and suggests several measures that exchanges can take to reduce their exposure from such risks.
By David Saunders and Julian L. André
The past 12 months have seen a steady drumbeat of action by federal law enforcement and regulatory agencies of which in-house counsel should take note. Whether new guidance, regulation, investigations, or enforcement activity, the message is clear: The federal government is paying close attention to how companies are handling and protecting their data — especially consumer and sensitive data.