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We last reviewed the performance of the Obama Administration’s criminal antitrust enforcement during the second year of the first Obama administration. Laing, D.: Criminal Antitrust Enforcement Under the Obama Administration, Business Crimes Bulletin, September 2010. Now three years later and well into the second Obama Administration, the Antitrust Division of the U.S. Department of Justice (DOJ) has undergone a sufficient number of structural changes, announced certain important policy changes, and has had three more years of activity for us to review whether the Antitrust Division has fulfilled Candidate Obama’s campaign promise to “reinvigorate antitrust enforcement” and take “aggressive action to curb the growth of international cartels.” Candidate Obama famously stated that, in comparison with antitrust enforcement under the supervision of George H.W. Bush, “Under my administration, the antitrust laws will mean something again.”
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By Harry Sandick and Sarah Hardtke
The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.
By Jonathan B. New, Patrick T. Campbell and Rachel H. Ofori
Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company’s counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege.
Navigating the SEC’s New Cybersecurity Disclosure Rules
By Olivia J. Greer, Catherine Kim and Jeeyoon Chung
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations
By Christopher D. Carusone
Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.