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In recent years, U.S. prosecutors and regulators have shown increasing interest in prosecuting people and entities with little or no connection to the United States. This trend has been especially pronounced in the context of the Foreign Corrupt Practices Act (FCPA). See, Harry Sandick & Devon Hercher, “New FCPA Decision Limits DOJ’s International Reach,” Business Crimes Bulletin (May 2020) (stating that a majority of firms charged with FCPA violations are non-U.S. firms). This trend extends beyond the FCPA to the prosecution of white-collar crime more generally. See, Harry Sandick & Jeff Kinkle, “The Global Reach of U.S. Law Enforcement,” N.Y. Law Journal (Dec. 10, 2018).
Developments in Federal Whistleblowing Programs: What Compliance Officers Need to Know
By Jonathan B. New, Patrick T. Campbell and Lauren Lyster
This article examines recent developments and trends concerning federal whistleblower programs that compliance officers need to know and provides best practices recommendations for ensuring that your company maintains a robust whistleblower and anti-retaliation program in light of increased whistleblower activity.
Preserving the Privilege In the Corporate Setting
By Jonathan S. Feld and Kevin Connor
Assessing the risks and liabilities of a potential transaction requires frank and open communication between the parties, including legal counsel. Understanding the scope and limitations of this privilege in transactional settings and who “holds” it is vital to its preservation.
Scared of Your Clients’ Involvement With Cryptocurrency?
By Ross Benson and Robert N. Driscoll
Given the rapid expansion of interest and participation in cryptocurrency transactions, it’s not a matter of whether you have an interest in crypto, think it’s all a bizarre techno-bubble, the eventual replacement for fiat currency, or somewhere in between. The fact of the matter is your clients, and future clients, are more likely than ever to have a connection to this market, and a brief review of the headlines can make this prospect seem terrifying.
Telehealth: The Wave of the Future for Both Medicine and Enforcement
By Jacqueline C. Wolff and Michael Herrmann
The prevalent view is that telehealth will remain an integral part of our healthcare system post-PHE and may even continue to expand. And that means criminal and civil enforcement focused on fraud committed using, or furthered by the use of, telehealth will be expanding as well, particularly when one looks at the dollars that a regulator can bring in for fraud or noncompliance.
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