The Department of Justice (DOJ) has announced a significant change in its policy concerning mergers and acquisitions (M&A), which should pique the interest of multinational corporations and major law firms alike. The DOJ recently unveiled a Department-wide Safe Harbor policy, aimed at encouraging companies to voluntarily report any uncovered misconduct occurring during the M&A process….
In recent legislative developments, a law has been enacted by Congress which has the potential to significantly affect small, privately held businesses starting January 1, 2024. Named as the Corporate Transparency Act (CTA), this law targets certain business entities to divulge beneficial ownership information to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network…
In a recent development concerning authorized push payment (APP) fraud, the UK’s Payment Systems Regulator (PSR) has put forward a proposal for a specific direction aimed at Faster Payments Scheme Limited (FPSL) participants. The focus of the proposal is on the reimbursement requirement that is expected to help combating APP fraud more effectively. As highlighted…
INTERPOL’s Commission for the Control of INTERPOL’s Files (CCF), will be holding its third session of the year from October 16th to October 20th, as stated byEstlund Law, P.A. This meeting, held in Lyon, France, may be the last session of CCF for the year wholly dedicated to the assessment of INTERPOL notice subject’s requests…
In an announcement that may indeed prompt more careful considerations within the business acquisitions sector, the U.S. Department of Justice (DOJ) has shared a new policy concerning voluntary self-disclosures of acquired entities’ criminal misconduct. The statement was made by none other than Deputy Attorney General Lisa Monaco. The noteworthy aspect of this policy lies in…
In the latest episode of the Law School Toolbox podcast Episode 418, the discussion centers around the critical topic of Miranda warnings, a central tenet of criminal procedure. This session is especially geared towards legal professionals keen on refining their understanding of Miranda issues, their constitutional basis, and their practical implications in real-world scenarios. The…
Lately, the legal troubles of Sam Bankman-Fried have been casting a cloud over the success of his business endeavors. Accustomed to generating headlines for his financial achievements and philanthropic efforts, he now figures prominently in legal news, a shift marked by increasing criminal charges and lawsuits resisted in multiple jurisdictions. The young entrepreneur’s legal issues,…
The increasingly contentious battle between Texas Attorney General Ken Paxton and the state House Republicans has escalated, as Paxton issues threats of criminal complaints against lawmakers. These threats from Paxton, who was acquitted on all impeachment counts by the Republican-led Senate last month, are aimed at state legislators who were responsible for his impeachment trial….
In a significant development pertaining to drug misbranding offenses, the U.S. Court of Appeals for the Ninth Circuit has empowered the Food and Drug Administration’s (FDA) criminal enforcement efforts. This follows the Court’s ruling on September 20, 2023, in United States v. Marschall, 2023 U.S. App. LEXIS 24886. In the ruling, the Court held that…
In the ongoing classified documents case against former President Donald Trump, the US Department of Justice (DOJ) has taken firm steps to prevent any delay in the trial. In a recent development, the DOJ filed a response to a motion put forth by Trump’s legal team, which sought to adjourn the trial date. The motion,…
In January 2021, the United States enacted a landmark legislation – the Corporate Transparency Act (CTA), tucked within the National Defense Authorization Act for the Fiscal Year 2021. The Act aims to reduce the use of shell companies for illicit purposes by requiring greater transparency of US companies’ ownership structures. The CTA demands all “reporting…
In a significant update out of California, Governor Newsom recently signed Senate Bill (SB) 700 into law. Signed on October 7, 2023, this new statute inherently modifies the Fair Employment and Housing Act (FEHA) in a way that pertains to job applicants with a history of cannabis use. The law sets a precedent by making…
In the complex and nuanced world of litigation, a commonly posed question is what constitutes the findings of fact and conclusions of law. In a contested case – such as a divorce or family law matter, these two elements form the basis of a court’s judgment, and their impact on the trial verdict and future…
The legal proceedings revolving around the case of Saifullah Khan has been a complex and tangled web, illustrating the complex mechanisms of parallel processes in Title IX. Khan was accused in 2015 of sexually assaulting a fellow Yale student during Halloween, a case which set off a series of civil, criminal, and administrative actions that…
In a fresh addition to its revised white-collar criminal enforcement and compliance policies, the United States Department of Justice (DOJ) recently launched a new “Mergers & Acquisitions Safe Harbor Policy”. This announcement was made by Deputy Attorney General, Lisa Monaco. As per this policy, companies that uncover criminal misconduct in the process of mergers and…
On September 25, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion 23-06, dispensing a noteworthy reminder to the sector. The OIG signaled that even fair market value payments can be implicated under the Anti-Kickback Statute. This announcement came in the context of an anatomic pathology laboratory’s proposal…
A federal judge in Oklahoma has permitted a ban on gender-affirming care for minors to take effect. According to the opinion issued by Judge John Heil, III, the plaintiffs requesting injunctive relief failed to demonstrate a probability of prevailing on the substance of their multiple constitutional appeals. The law in question is SB 613, which…
Thailand’s progressive opposition party, the Move Forward Party, submitted a draft bill to the parliament last Thursday. The drafted legislation primarily seeks to establish amnesty for potentially thousands of individuals who have been charged with numerous offenses during political rallies since 2006. The noted crimes include offenses such as insulting the monarchy, which has drawn…
The legal community of the cryptocurrency world has turned its attention to the high-stakes trial of FTX founder Sam Bankman-Fried. Proceedings are now underway in Manhattan, showcasing a strong indictment from the prosecution. Allegedly, the former crypto exchange executive siphoned billions of dollars prior to the platform’s downfall last year. Details remain somewhat unclear as…
As legal professionals dealing in the spheres of digital assets and blockchain, it’s vital to grasp the evolving threat landscape in the world of cryptocurrencies. Notably, the year 2023 has marked a substantial reprieve from the tumultuous crypto threats witnessed in the preceding years. Based on a report published on July 12, 2023, by Chainalysis,…
On October 4, 2023, Deputy Attorney General Lisa Monaco put forth a new safe harbor policy that could protect corporations from criminal prosecution for misconduct they reveal at companies they are buying or have just bought. This recent move from the Department of Justice will likely bring significant changes to the legal landscape around mergers…
Amidst the unfolding drama of Sam Bankman-Fried’s legal battles, the case reveals substantial lessons on fraud, directors’ and officers’ (D&O) insurance, and the decision-making processes involved during criminal trials. Bankman-Fried’s criminal trial kicked off recently, which in itself would normally be a headline-grabber. However, on the same day, he also levied a lawsuit against one…
In its ongoing efforts to encourage voluntary disclosure of corporate misconduct, the U.S. Department of Justice (DOJ) recently announced a new policy specifically targeting mergers and acquisitions. In a statement released by Deputy Attorney General Lisa Monaco, the new corporate self-disclosure policy, dubbed the Mergers and Acquisition Safe Harbor Policy, was unveiled for the legal…
Navigating the complex world of litigation is a task that the legal departments in corporations and law firms handle in their stride. And with the conclusion of a case comes a particularly interesting question: ‘What happens when the litigation hold is over?’ For those who are new to the concept, a litigation hold is a…
In a significant development, the Department of Justice (DOJ) has unveiled a new policy regarding mergers and acquisitions (M&A) which they describe as a “safe harbor” approach. In recent years, the DOJ has announced a multitude of policy changes focusing on corporate criminal enforcement, characterizing their tactic as an amalgamation of persuasion and deterrence –…