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
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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
Chinese Data Privacy Laws Muddy Collection of Messaging App Data
In this article featured in Bloomberg Law, Perkins Coie attorneys explain how China’s new data security laws and use of third-party apps by Chinese employees create significant obstacles for companies conducting internal investigations in the country. Click here to read
DOJ Continues to Prioritize National Security-Related Cases with First Corporate Terrorism Support Prosecution
On October 18, 2022, the Department of Justice (DOJ) announced a guilty plea by Lafarge, S.A., a French building materials company, and its Syria-based subsidiary, for providing material support to designated Foreign Terrorist Organizations. The case represents the first criminal
Key Compliance Takeaways from Oracle’s $23M FCPA Settlement with the SEC
On September 27, 2022, the United States Securities and Exchange Commission (SEC) announced a settlement with Oracle Corporation (Oracle) to resolve allegations that its subsidiaries in India, Turkey, and the United Arab Emirates violated the Foreign Corrupt Practices Act (FCPA)