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The False Claims Act (FCA), 31 U.S.C. §3729 et seq., was enacted in 1863 to punish fraud perpetrated against the government by Civil War profiteers. Since its enactment, Congress has amended the FCA to strike a balance between the FCA’s dual purposes of rooting out fraud against the government and encouraging private individuals aware of such fraud to bring it to the government’s attention. From 1986, the government has recovered over $59 billion in FCA settlements and judgments. See, U.S. Department of Justice, Fraud Statistics Overview (Dec. 21, 2018), (hereinafter DOJ Fraud Statistics 2018).
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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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