The U.S. Supreme Court has recognized “the reality that criminal justice today is for the most part a system of pleas, not a system of trials.” This is as true for defendants facing charges of robbery and extortion as
White Collar Briefly
Insights into Developments in White Collar Law
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Highlighting Enforcement Focus on Cybersecurity, SEC Proposes New Disclosure & Incident Response Rules
The U.S. Securities and Exchange Commission’s focus on cybersecurity continues in its most recent effort to modernize financial privacy rules and emphasize transparency between SEC-regulated entities who suffer from a cyber breach and the individuals impacted by the breach. The…
DOJ to Prioritize Enforcement of Sanctions and Export Control Violations Against Corporations
On March 2, 2023, U.S. Department of Justice Deputy Attorney General (DAG) Lisa Monaco once again delivered groundbreaking remarks at the American Bar Association National Institute on White Collar Crime, this time heralding a new era of corporate enforcement aimed…
DOJ to Prioritize Enforcement of Sanctions and Export Control Violations Against Corporations
On March 2, 2023, U.S. Department of Justice Deputy Attorney General (DAG) Lisa Monaco once again delivered groundbreaking remarks at the American Bar Association National Institute on White Collar Crime, this time heralding a new era of corporate enforcement aimed…
Garland Memo, Emphasizing Prosecutorial Lenity, Reflects Significant DOJ Policy Shift
On December 16, 2022, U.S. Attorney General Merrick Garland issued a memorandum (the Garland memo) to all federal prosecutors, reflecting a significant new policy regarding charging, pleas, and sentencing in federal criminal cases. The Garland memo replaces prior U.S. Department of…
Venue Misstep Shows Complexity of Prosecuting Cybercrime: Supreme Court to Weigh In
The Supreme Court of the United States will decide an issue impacting charging decisions in criminal cases involving technology and where those cases are tried. Specifically, the Supreme Court will decide whether criminal defendants may be retried after they are…
The ESG Disclosure Wave: Final Approval for the EU’s Corporate Sustainability Reporting Directive
On November 28, 2022, the Council of the European Union (EU) gave final approval to implement the EU Corporate Sustainability Reporting Directive (CSRD), ushering in a new, expanded environmental, social, and corporate governance (ESG) disclosure regime for many companies with…
Is Corporate Recidivism an Aggravating Factor that Undermines the Potential Benefit of Voluntary Self-Disclosure to DOJ? Time Will Tell.
It should come as no surprise that much of the recent 2022 ACI Foreign Corrupt Practices Act (“FCPA”) conference centered around Department of Justice (DOJ) Deputy Attorney General Lisa Monaco’s September 15, 2022 memorandum (the “revised Monaco memo”)…
Recent DOJ Guidance on Personal Devices and Third-Party Messaging Applications Applies to Any Company DOJ May Scrutinize
The U.S. Department of Justice (DOJ) recently released new guidance announcing several policy changes to further strengthen and clarify its approach to prosecuting corporate crime. The guidance, released through a memorandum by Deputy Attorney General Lisa Monaco (the Monaco Memo…
Play it again, SEC: Two Familiar Refrains from the FY 2022 Enforcement Results
Just this week, the Securities and Exchange Commission announced its enforcement results from fiscal year 2022. The Commission recovered a record $6.4 billion in penalties and disgorgement from companies and individuals. The announcement touted the 760 total enforcement actions in…