In the face of potential legal turmoil, corporates often wrestle with the dilemma – Should a company self-disclose major instances of fraud? The recent HealthSun declination provides a strong response: yes. Upon self-analysis, if your company realizes that it has overcharged the government upwards of $50 million, and the deception was orchestrated by a senior…
A bankrupt prison healthcare corporation, name undisclosed, has recently announced its intentions to revisit and redo a mediation process that had previously resulted in an agreement with creditors. This reevaluation comes following an unexpected twist in the legal process: the presiding bankruptcy judge admitted to a romantic relationship with an attorney participating in the negotiations….
In an update on environmental justice, New Jersey has put forth new guidance to promote the use of green and sustainable technologies in remediation. The move stands in the context of an ongoing trend towards increasing costs related to the cleanup of environmentally impacted real estate. The drivers behind this trend are multifaceted and include…
Recently, a Delaware bankruptcy judge guided mortgage lender AmeriFirst Financial and its creditors to embark on a mediation process. The purpose of this mediation is to reach an understanding for a financing order. The creditors are of the belief that such an order may deter them from contesting any releases of claims against the AmeriFirst’s…
Corporate dispute resolution often represents an intricate layer of the legal landscape. Conflicts involving a company’s top brass—its directors and officers—can add further levels of complexity. Primarily, these complications arise due to the nature of the claims, more often, derivative claims brought on behalf of the corporation or Limited Liability Company(LLC). Ostensibly, the corporation seems…
In a significant development, the U.S. Environmental Protection Agency (EPA) could mandate additional examinations and clean-ups related to Per- and polyfluoroalkyl substances (PFAS) at properties that were already considered remediated. This information comes from a conversation between Sarah Mattalian, an Inside EPA reporter, and an EPA official, highlighting the agency’s deepening commitment to managing the…
Managing risks, especially those associated with third parties, is akin to walking a tightrope – you’re making calculated, deliberate moves with high stakes looming around. The topic features as part three of an insightful series on managing risks, further underlined by the symbolism of the tightrope walker, as brought to the fore by NAVEX. In…
On the 26th of July, 2023, a significant legal communication was issued by three key United States government bodies; the Department of Justice (DOJ), the Department of Commerce’s Bureau of Industry and Security (BIS), and the Department of the Treasury’s Office of Foreign Assets Control (OFAC). These departments collectively released a Tri-Seal Compliance Note titled:…
As international regulatory bodies continue to grapple with the complexities of managing per- and polyfluoroalkyl substances (PFAS) in groundwater, one thing is clear – a consistent approach is far from realized. State-level agencies across the United States, facing a void of federal guidance on PFAS remediation, have started implementing their own objectives. This situation has…
In a recent decision in the case of LCT Capital, LLC v. NGL Energy Partners LP, C.A., the Superior Court CCLD demonstrated its adherence to Superior Court Rule 54. According to this rule, costs are, as a standard, accorded to the party that prevails. However, the Superior Court took a different stance concerning costs connected…
In a recent move, Scott Watson has transitioned into a partner position at the environmental department of Barnes & Thornburg in the Grand Rapids, Michigan office. Watson possesses significant expertise in advising clients on various facets of regulatory and litigation issues that concern both federal and state environmental laws. His professional repertoire includes dealings with…
In a recent move by the Consumer Product Safety Commission (CPSC), a Federal Register Notice was published on September 20, 2023, to request information on PFAS. The CPSC has invited all stakeholders to share their input on this issue. This encompasses a broad range of entities such as consumers, manufacturers and importers, government agencies, non-profit…
In a recent development in the legal framework surrounding environmental concerns, the Supreme Court, Appellate Division, Second Department, New York took up a significant case dealing with issues arising out of a sewer contractor’s discovery of contaminated soil during the installation of a box storm sewer. The case is Bedford-Carp Construction, Inc. v. Brooklyn Union…
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…
On October 4, 2023, the United States Department of Justice (DOJ) declared a standardized approach for resolving voluntary self-disclosure (VSD) of misconduct found during the course of M&A due diligence. Touted as the Mergers & Acquisitions Safe Harbor Policy (M&A Safe Harbor), this initiative represents a significant development for companies navigating the intricate landscape of…
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…
Since October 13, 2023, consumer associations have had a new tool at their disposal: representative actions for redress. This legal framework offers an alternative route for consumers to seek remediation from companies who fall short of their performance claims. More details are available in this report provided by Allen & Overy LLP, a renowned global…
On October 4, 2023, the U.S. Department of Justice (“DOJ”) announced a new Mergers & Acquisitions (“M&A”) Safe Harbor Policy, with an aim to spur self-disclosures and provide more predictability for companies in the M&A arena. This policy recognizes the potential compliance benefits when a company with an effective compliance program acquires and constitutes a…
In the ever-evolving landscape of corporate law, environmental liabilities have emerged as a significant concern, made all the more pressing by escalating public awareness and increasing regulatory measures. A recent article posted on JD Supra delves into the concept of successor liability, particularly in relation to environmental cleanup costs. With the total worth of commercial…
In a recent op-ed by Jordan Rothman, a partner of The Rothman Law Firm, it was suggested that lawyers could operate at a higher level of efficiency during the weekend as opposed to the traditional workweek. The increasing blurring of lines between personal and professional hours due to the rise in remote working has revived…
In recent developments this October, Lisa Monaco, the Deputy Attorney General, publicly shared insights about the Department of Justice’s (DOJ) newly implemented Mergers & Acquisitions Safe Harbor Policy during her remarks at the Society of Corporate Compliance and Ethics’ 22nd Annual Compliance & Ethics Institute. JD Supra reports on it more comprehensively. The new Safe…
In January, the Department of Justice announced new revisions to its corporate enforcement policy related to voluntary self-disclosure, cooperation, and remediation. The goal of these revisions is to incentivize companies that discover misconduct within their ranks to engage proactively with law enforcement and reinforce their compliance programs. According to these policy revisions, prosecutors now have…
The Department of Justice (DOJ) has recently implemented a novel Mergers and Acquisitions (M&A) Safe Harbor Policy, which has clear-cut implications for both acquiring and acquired businesses in the M&A ecosystems. For acquiring companies, this policy essentially enforces a six-month window from the date of closing within which they are expected to disclose misconduct discovered…
In the State of New Jersey, specifically in Bergen County, a rising issue of judicial vacancies is exacerbating the already strained judiciary system, prompting an increased reliance on mediations. Occupying a quarter of all trial court judgeships, current vacancies have bred not only escalating frustration among litigators, but also reluctant praise for the remaining judges…
The US Department of Justice (DOJ) has made a noteworthy policy announcement targeting corporations that are participating in mergers and acquisitions. At the heart of this policy is a plan to reward corporations with robust due diligence and compliance programs. Promoting proactive legal action, the DOJ has created a “safe harbor” period. Under this policy,…