• 04.04.19

    FCA Cases: Convincing DOJ to Move to Dismiss

    Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators’ FCA cases, other relators may find themselves on the other side of a government motion to dismiss.

  • 12.05.18

    DOJ Announces Revised Policies for Awarding Cooperation Credit

    On November 29, 2018, Deputy Attorney General Rod Rosenstein announced revisions to U.S. Department of Justice (DOJ) policies that expand prosecutors’ discretion in awarding cooperation credit to companies facing criminal or civil investigations.

  • 08.30.18

    Second Circuit Knocks Out FCPA Conspiracy Charge Against Foreign National

    Over the years, the Foreign Corrupt Practices Act of 1977 (FCPA) has expanded beyond U.S. issuers and domestic concerns to cover foreign companies and foreign individuals.

  • 05.10.18

    DOJ Announces Global Resolution Initiative for Companies Under Investigation

    In a speech on May 9, 2018, Deputy Attorney General Rod Rosenstein announced another policy shift at the Department of Justice (DOJ), signaling that corporate accountability will be tempered by a coordinated multiagency approach to resolving cases, with the goal of avoiding “piling on” ...

  • 01.25.18

    DOJ Releases Guidance for Evaluating Dismissal of Qui Tams

    A recent memo issued by the U.S. Department of Justice (DOJ) sets forth the issues it considers in deciding whether to seek the dismissal of qui tam cases filed by relators, and, although written for internal government use, provides guidance to defendants in arguing for such dismissal motions to ...

  • 11.20.17

    Insider Trading: Once More Into the Breach

    On Aug. 23, 2017, the Second Circuit decided U.S. v. Martoma, in which the court affirmed a tippee’s conviction in an insider trading case based on the Supreme Court’s 2016 decision in Salman v. U.S. The Martoma opinion further eroded the Second Circuit’s own landmark 2014 ...

  • 10.18.17

    Supreme Court to Hear Important Whistleblower Case

    Must an employee “whistleblower” specifically provide information about alleged corporate misconduct to the Securities and Exchange Commission (SEC) in order to get protection under the anti-retaliation provisions of Dodd-Frank?

  • 07.31.17

    Supreme Court Limits SEC’s Disgorgement Power

    On June 5, 2017, the Supreme Court held in Kokesh v. SEC that the five-year statute of limitations found in 28 U. S. C. §2462 with respect to actions for civil monetary penalties applies equally to actions for disgorgement.

  • 06.28.17

    U.K. Court Finds No Privilege Protection for Internal Investigation

    On May 8, 2017, a London High Court made a landmark ruling in favor of the Serious Fraud Office—England’s equivalent of the Fraud Section of the U.S. Department of Justice (DOJ)—in its quest to obtain documents prepared in an internal investigation that were claimed to be ...

  • 05.30.17

    Government Officials Pledge Continued White Collar Enforcement

    Recent pronouncements by Attorney General Jeff Sessions, Acting Principal Deputy Assistant Attorney General Trevor N. McFadden and recently confirmed SEC chair Jay Clayton have provided assurances that the DOJ and SEC will continue to "vigorously enforce" white collar laws as a high ...