Newsletters

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

Operation Choke Point Litigation Stirs Up Lawmaker Concern—Again

According to a group of payday lenders, the reverberations of Operation Choke Point are still being felt.


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.


10.24.18

Insurance Won’t Cover Disgorgement Payment, NY Appellate Court Rules

Applying a U.S. Supreme Court decision in the context of insurance coverage for a bank, a New York appellate court ruled that the amounts paid to the Securities and Exchange Commission (SEC) as disgorgement under a cease and desist order issued by the SEC were a “penalty” for which ...


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.


08.30.18

Insurers off the Hook for Defense in False Ad Suit

In a blow to an advertiser, a California federal court held that its insurers were not obligated to defend or indemnify the company in a false advertising lawsuit.


08.16.18

DOJ Expands FCPA Self-Reporting Protections to Successor Companies

Building on its efforts to encourage self-reporting of Foreign Corrupt Practices Act (FCPA) violations, the Department of Justice (DOJ) announced it will extend protections to voluntary reporting successor companies for preacquisition violations of the target company.


07.13.18

DOJ Fraud Task Force: What It Means for Financial Services

With the July 11 announcement by Deputy Attorney General Rod Rosenstein of the new Department of Justice (DOJ) Task Force on Market Integrity and Consumer Fraud comes the obvious question: How will this task force affect the ongoing role of the Bureau of Consumer Financial Protection(CFPB); the ...


06.22.18

SCOTUS Overturns SEC Judge Appointments: What You Need to Know

Many cases involving federal regulatory law are largely decided by judges appointed by the staffs of federal agencies—administrative law judges (ALJs).


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” ...