Investigations, Enforcement, & Compliance Alerts
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April 24, 2024
|3 min read
U.S. Antitrust Agencies Seek Tips on Anticompetitive Conduct in the Health Care Space
Health care companies and stakeholders should be prepared for an uptick in antitrust complaints and investigations in the short term, driven by the launch of HealthyCompetition.gov. Despite the anticipated short-term impact, the long-term impact remains uncertain and depends on the sustained engagement and use of the tipline by the public.
March 14, 2024
|8 min read
The Department of Justice is intensifying its corporate enforcement efforts with a new whistleblower program. DOJ has made it clear that corporations and individuals with knowledge of corporate misconduct should “come see us before we come see you.”
November 1, 2023
|3 min read
New DOJ Safe-Harbor Policy Incentivizes M&A Due Diligence on Government Contractors
In analyzing a government contractor target for a proposed acquisition—such as a merger, asset sale, or stock purchase—due diligence may uncover a seller’s noncompliance with certain Federal Acquisition Regulations or other applicable regulations.
June 24, 2022
|6 min read
The Revival of Corporate Monitorships in Global FCPA Resolutions
The U.S. Department of Justice’s latest Foreign Corrupt Practices Act (FCPA) resolution with Glencore plc and related entities raises new questions about independent compliance monitors, and whether they are back to stay.
April 13, 2022
|4 min read
In a speech on March 25, 2022, Assistant Attorney General Kenneth Polite, Jr. provided significant details regarding Department of Justice expectations for corporate compliance programs and how those programs will be assessed and considered in determining appropriate resolutions of investigations of corporate misconduct.
March 23, 2022
|6 min read
On March 3, 2022, U.S. Attorney General Merrick B. Garland announced several significant initiatives aimed at strengthening the ability of the Department of Justice to combat corporate crime.
February 15, 2022
|1 min read
Should Companies Be Concerned about the New Guidance from the DOJ for Prosecuting Corporate Crime?
The United States Department of Justice (DOJ) recently made it clear: fighting corporate crime is one of the Biden Administration’s top priorities. On February 15, 2022, Winston & Strawn partners Jack Knight, Kobi Brinson, and Alan Stevens discussed the new DOJ policies and their implications for corporations. This webinar was presented in partnership with the Charlotte chapter of the Association of Corporate Counsel (ACC).
December 16, 2021
|4 min read
AAG Polite Warns of Rigorous DOJ Scrutiny, Urging Companies to Beef up Compliance Programs
The recent announcement by U.S. Deputy Attorney General Lisa Monaco of major changes in corporate enforcement policy signals a strong commitment by the Department of Justice (DOJ) to more rigorous scrutiny of prior corporate misconduct, greater focus on holding individuals accountable, and renewed emphasis on the utilization of monitorships to ensure compliance.