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Earlier this year, several senior executives at various national chicken producers were indicted for allegedly conspiring between 2012 and 2017 to fix prices in violation of federal antitrust laws. See, Indictment, 1:20-cr-00152-PAB (June 2, 2020); see also, Press Release, Senior Executives at Major Chicken Producers Indicted on Antitrust Charges (June 3, 2020). The supposition that the chicken industry had engaged in such practices is not new, as alleged chicken price fixing has been making headlines and generating antitrust litigation since at least 2016. See, e.g., You Might be Paying Too Much for Chicken, New York Times (Nov. 3, 2016); Broiler Chicken Antitrust Litigation, No. 1:16-cv-08637 (N.D. Ill.).
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By Jonathan B. New, Jimmy Fokas, Patrick T. Campbell and Bari R. Nadworny
In recent months, the Dept. of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct.
A roundtable discussion on the topic of government investigations, corporate compliance efforts, and the potential for fraud or misbehavior in the time of COVID-19.
By Jacqueline C. Wolff
Something Old, Something New, Something Borrowed, Something Blue
this second edition contains some new “hypotheticals” — facts of actual cases the DOJ finds important enough to focus on — and, in keeping true to its name, has included additional resources and links for chief compliance officers looking to design and audit their companies’ anticorruption compliance programs.
By Robert J. Anello and Richard F. Albert
United States v. Napout
The U.S. government’s lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world’s policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive’s home country?