Searching Content indexed under Corporate Crime by McDermott Will & Emery ordered by Published Date Descending.
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Cooperation In The Eye Of The Beholder: DOJ Official Bill Baer Elaborates On Cooperation In False Claims Act And Other Civil Enforcement Matters
The law is uncertain. One example of this uncertainty is how the "Yates Memo" is to be applied in civil cases—in particular, what constitutes "cooperation" and how cooperation may benefit a company under investigation for False Claims Act violations.
United States
21 Oct 2016
Third Circuit Revives Reverse False Claims Act Case But Acknowledges Burden On Defendants
On October 5, 2016, the Court of Appeals for the Third Circuit remanded a "reverse" False Claims Act (FCA) case to the District Court for the Eastern District of Pennsylvania for further proceedings.
United States
19 Oct 2016
The Perils Of Parallel Proceedings: To Stay Or Not To Stay
One of the more concerning trends for the defense bar in False Claims Act cases is an uptick in parallel criminal and civil proceedings.
United States
23 Sep 2016
Left Swinging: Why Mickelson Went Uncharged For Insider Trading
The Securities and Exchange Commission recently revealed details of an insider trading case ..
United States
16 Jun 2016
Does Yates Sound The Death Knell For Joint Defense Agreements?
Company-constituent JDAs have long been a valuable tool in corporate investigations and government enforcement litigation.
United States
25 May 2016
U.S. Attorney Manual Revised To Reflect Yates Memorandum's Focus On Individuals
Pursuant to the Yates Memorandum's directive that the U.S. Attorneys' Manual (USAM) be revised to reflect this increased focus on individuals, on November 16, 2015, such revisions were released.
United States
19 Nov 2015
SDNY Holds That Corporate Attorney-Client Privilege Trumps Individual Advice-Of-Counsel Defense
In the wake of the U.S. Department of Justice's (DOJ) recent memorandum regarding increased focus on individual culpability for corporate wrongdoing (on which we previously posted here) comes a district court decision with significant implications for individuals who attempt to assert an advice-of-counsel defense based on consultation with company counsel.
United States
30 Sep 2015
DOJ Continues To Beat The Executive Drum In Recent Speeches
Mr. Caldwell discussed this issue in the context of shaping corporate culture through deterrence and explained DOJ’s expectations of companies that want to obtain credit from DOJ for cooperation.
United States
23 Apr 2015
Parking Heater Manufacturer Pleads Guilty To Price-Fixing
According to the press release, Espar, a parking heater manufacturer, agreed to pay a criminal fine and cooperate in the DOJ’s ongoing investigation.
United States
18 Mar 2015
No Damages Under FCA When Government Gets What It Pays For
A recent appellate decision could impact how damages are calculated in implied false certification suits where a defendant fails to comply with a condition of payment, yet provides adequate services.
United States
3 Jul 2012
The FCPA In BRIC Countries: 2011 Enforcement Trends In Emerging Markets
In the coming decade, developing BRIC (Brazil, Russia, India and China) economies will continue to expand while becoming further intertwined in the global economy.
United States
22 Jun 2011
SEC Adopts Final Rules On Dodd-Frank Whistleblower Program
Rules recently adopted by the U.S. Securities and Exchange Commission define the scope and procedures of the whistleblower provisions under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
United States
27 May 2011
What You Don't Know Can Hurt You: FCPA Risks In Cross-Border M&A Deals
Foreign Corrupt Practices Act (FCPA) risks in cross-border deals should never be taken lightly.
United States
2 Mar 2010
Congress Amends Civil False Claims Act
The amendments expand the scope of liability under the False Claims Act and give the government enhanced investigative powers.
United States
3 Jun 2009
The Mcnulty Memorandum: Revising DOJ Policy For Gauging Cooperation And Bringing Charges Against Corporations
On December 12, 2006, after a growing chorus of criticism from the bar, the bench and the business community, and under the threat of legislative intervention, the U.S. Department of Justice (DOJ) revised its guidelines for measuring cooperation from corporations during an investigation and for deciding whether to bring charges against them.
United States
22 Jan 2007
Options Backdating—D&O Insurance Issues
In recent months the U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) commenced investigations into the practice of backdating options awarded to directors and officers. Investigators are exploring whether certain companies backdated options to a time when the share price was lower in order to maximize the recipient’s financial benefit while preserving favorable executive compensation tax treatment.
United States
8 Aug 2006
The First Thirty Days
Every public company can or should be considering the implications of the government’s rapidly expanding investigation into allegations that executives received back-dated options at favorable strike prices.
United States
24 Jul 2006
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