Topic
corporate cooperation
21 published works
Grand Jury Target
DOJ’s Outsourcing of Investigations Under Fire (Again)
By Sara Kropf The Department of Justice repeatedly issues guidance to beg coerce encourage companies to self-report wrongdoing and, in effect, sell out their executives as the wrongdoers. As part…
White Collar Law & Investigations
CEP Revisions Incentivize “Extraordinary” Corporate Cooperation
Key Takeaways: DOJ revised its Corporate Enforcement Policy (CEP) to further incentivize robust voluntary disclosures by corporations when they discover misconduct. Even when aggravating circumstances would otherwise warrant criminal resolution,…
Grand Jury Target
New DOJ Policy Could Put In-House Counsel in a Tough Ethics Spot
By Sara Kropf DOJ’s new corporate cooperation policy includes a provision that places in-house counsel in an awkward—and potentially unethical—position. This new policy formalizes Deputy Attorney General Lisa Monaco’s policy…
White Collar Crime Prof Blog
Revisions to Corporate Crime Policy – Will the New Carrot Incentivize Companies to Cooperate?
By Ellen Podgor
On January 17, 2023, Assistant Attorney General Kenneth A. Polite, Jr. Delivered Remarks on Revisions to the Criminal Division’s Corporate Enforcement Policy, in which he stated, "The policy is sending…
White Collar Briefly
Court Holds Oral Downloads of Witness Interviews Waive Corporate Privilege
By Cara Wallace
In a criminal case against two former officers of Cognizant Technology Solutions Corp. (Cognizant), a New Jersey federal district court recently ordered Cognizant to produce unredacted internal interview memorandums and…
Cleary Enforcement Watch
UK Serious Fraud Office Publishes Corporate Co-Operation Guidance
By Sunil Gadhia, James Brady‑Banzet, Lev L. Dassin, Rahul Mukhi
The SFO recently released its much anticipated Corporate Co-Operation Guidance (the “Guidance”). It provides details of the types of behaviour expected by the SFO in order for an organisation to…
White Collar Briefly
UK Regulator Sets High Bar for Corporate Cooperators
By Jessie Frenkel, Caryn Trombino
Last month, the UK Serious Fraud Office (“SFO”) published non-binding, internal guidance expanding on its view of corporate cooperation in prosecutions. The guidance marks a notable departure from the SFO’s past reluctance…
The CLS Blue Sky Blog
Davis Polk Discusses UK Serious Fraud Office’s New Cooperation Guidance
On August 6, the United Kingdom’s Serious Fraud Office (“SFO”) published new guidance on the steps companies should take in order to receive cooperation credit in the SFO’s charging decisions. …
Latham.London
UK SFO Releases Guidance on Corporate Cooperation Credit
Guidance sets out the SFO’s expectations for investigations but leaves open questions, particularly for cross-border investigations. By Stuart Alford QC, Nathan H. Seltzer, Christopher M. Ting, and Harriet Slater On…
FCPA Professor
Is This A Reason Walmart Did Not Receive Full Cooperation Credit – If So It Is Distubring
By Mike Koehler
In the recent Walmart enforcement action, the DOJ’s NPA states that the company received “full credit” for its cooperation with the DOJ “into conduct in Brazil, China, and India and…