DOJ Introduces M&A Safe Harbor Policy to Encourage Voluntary Disclosures of Criminal Misconduct

The Department of Justice (DOJ) is introducing a Mergers & Acquisitions Safe Harbor policy. Unveiled by Deputy Attorney General Lisa O. Monaco at a Society of Corporate Compliance and Ethics event on October 4th, the policy seeks to encourage proactive, voluntary disclosures of potential criminal misconduct by acquiring companies. Under the new policy, the DOJ…

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India Supreme Court Denies Fundamental Right to Same-Sex Marriage, Shifts Decision to Legislature

In a ruling issued on Tuesday, the India Supreme Court held that there is no fundamental right for same-sex couples to marry. The decision rendered by a five-judge bench, led by the Chief Justice of India Dhananjaya Yeshwant Chandrachud, rejected the recognition of same-sex marriages and civil unions for non-heterosexual couples. The ruling came on…

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Navigating Workplace Confidentiality During Government Investigations: A Legal Perspective

Understanding the fine line between workplace confidentiality and compliance during government agency inquiries can be a complex task for legal professionals. This challenge is deftly tackled in the latest episode of the Hiring to Firing Podcast. The episode features a detailed discussion with Troutman Pepper Partners Tracey Diamond and Evan Gibbs and Partner Abbey Hazlett….

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Federal Judge Imposes Partial Gag Order on Trump Ahead of 2024 Trial for Alleged Election Interference

A Washington DC federal judge imposed a partial gag order on former US President Donald Trump on Monday, prohibiting him from making any disparaging statements about potential witnesses, the court or prosecutors ahead of his criminal trial over alleged election interference during the 2020 US presidential election. The trial date is set for March 4,…

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Tackling Trade-Based Money Laundering: Strategies and Challenges for Financial Institutions

Financial institutions and corporations involved in international trading are facing increasingly complex challenges when it comes to combatting trade-based money laundering (TBML). This form of money laundering, which is one of the most sophisticated, leverages the cover of international trade transactions to move illicit funds across borders, all while concealing the original source and ownership…

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DOJ Introduces M&A Safe Harbor Policy Promoting Due Diligence and Self-Regulation

The United States Department of Justice (DOJ) has recently inaugurated a Mergers & Acquisitions Safe Harbor Policy targeted towards entities that voluntarily disclose criminal conduct discovered during the acquisition of another company. As reported by Dorsey & Whitney LLP on JD Supra, the new enforcement policy could potentially serve as an incentive for acquiring companies…

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Shifting Cybersecurity Paradigms: Secure Our World and the Power of Human Vigilance

As we navigate through the 20th annual Cybersecurity Awareness Month, the need for proper awareness and updated defense training is more critical than ever. This event, co-sponsored by the Cybersecurity and Infrastructure Agency (CISA) and the National Cybersecurity Alliance, bears the theme “Secure Our World” this year, driving home the importance of cybersecurity awareness among…

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Montana Judge Halts State’s Attempt to Restrict Drag Performances, Citing Constitutional Violations

On Friday, Chief District Judge Brian Morris issued a preliminary injunction that thwarted the state of Montana’s attempts to institute and enforce its restrictions on drag performances in public venues. This case is currently making its way through the US District Court for the District of Montana Butte Division. The crux of the plaintiffs’ argument…

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MONUSCO Suspends Peacekeeping Force Segments Amid Serious Misconduct Allegations

The United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) announced this past Thursday the suspension of portions of its peacekeeping force in response to allegations of “serious misconduct”. In a statement, MONUSCO outlined that precautionary measures are in place, consistent with the United Nations’ zero-tolerance policy regarding sexual exploitation, abuse,…

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Armenia Defies Russia by Ratifying Rome Statute, Joining International Criminal Court

On Sunday, President Vahagn Khachaturian signed the decision of the Armenian parliament to ratify the Rome Statute of the International Criminal Court (ICC) into law. This action puts Armenia under the jurisdiction of the Hague-based institution, despite warnings from its longtime ally Russia. This move follows Armenia’s announcement on September 1st that it was considering…

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DOJ Policy Changes Encourage Voluntary Corporate Self-Disclosure to Foster Culpability and Accountability

In recent developments, the Department of Justice (DOJ) has made notable policy changes to incentivize corporations to voluntarily self-disclose potential misconduct. Referring to the policy alternations as utilizing both “carrots” and “sticks”, the DOJ aims to strike a balance to ensure corporate culpability and accountability. The changes underpin the fact that late disclosure is considered…

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Unveiling Insider Risk: A Key Aspect in Mitigating Corporate Fraud and Money Laundering

The UK government is making strides toward the introduction of a new corporate criminal offence contained in the Economic Crime and Corporate Transparency Bill. This legislation proposes to impose criminal liability on corporations for offences related to fraud or money laundering. The criminal liability occurs when such offences are committed by associated persons, and the…

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Anticipating Changes in Antitrust Sentencing: Probation Nation on the Horizon?

As the landscape of antitrust law continues to evolve, there is anticipation about potential changes to the sentencing guidelines for antitrust defendants. The Antitrust Division’s long-held belief is that “individual criminal sanctions, including prison sentences, are the single most effective deterrent to antitrust crimes.” Notably, though, the Division’s sentencing recommendations hinge on an “individualized assessment”….

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DOJ’s Safe Harbor Policy to Reshape Corporate Conduct in M&A Transactions

U.S. Deputy Attorney General Lisa Monaco recently made an announcement that will significantly impact the way corporations approach merger and acquisition (M&A) transactions. The Department of Justice (DOJ) is introducing a new safe harbor policy, designed to motivate corporations to voluntarily disclose any criminal misconduct discovered during M&A transactions. This policy could have far-reaching implications…

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Pepco Amends Consent Decree in Anacostia River Hazardous Substance Enforcement Case

On July 26, the Attorney General for the District of Columbia and Potomac Electric Power Company (Pepco) agreed to a First Amendment to Consent Decree, altering their approach to hazardous substance enforcement along the Anacostia River in Washington D.C. This follows allegations of hazardous materials released into the local environment by the electric company. The…

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