U.S. Department of Justice Reverses Hands-Off Enforcement Policy on MarijuanaJust days after retail sales of recreational marijuana became legal in California, U.S. Attorney General Jeff Sessions announced a new marijuana enforcement policy that calls for rescinding the long-standing, lenient policy set by the Obama Administration. Now it is up to the individual U.S. Attorney’s Offices to determine whether and how to pursue criminal prosecutions in...… Continue ReadingJanuary 8, 2018 |
New Chairman and Board Members Appointed to the SEC Board Created by the Sarbanes-Oxley Act of 2002Written by Holly L. Cini and Sarah J. Ryan The Securities and Exchange Commission recently announced the appointment of William D. Duhnke III as Chairman and J. Robert Brown, Kathleen M. Hamm, James G. Kaiser, and Duane M. DesParte as board members of the Public Company Accounting Oversight Board (PCAOB). The Sarbanes-Oxley Act of 2002...… Continue ReadingDecember 18, 2017 |
Plans to ‘Reframe’ Title IX Enforcement AnnouncedThe Trump Administration believes that Obama-era guidance regarding sexual assault on college campuses created a “failed system” that was a “disservice to everyone involved,” Education Secretary Betsy DeVos said on September 7, 2017. According to DeVos, “There must be a better way forward.” Enacted in 1972, Title IX is a federal law that prohibits discrimination...… Continue ReadingSeptember 7, 2017 |
New DOJ Policy Likely to Result in Increase in ForfeituresAttorney General Jeff Sessions has announced a new Department of Justice policy regarding the federal adoption of assets seized by state or local law enforcement under state law. The new policy, issued on July 19, 2017, is intended to strengthen and streamline the civil asset forfeiture program allowing a more aggressive pursuit of asset forfeiture...… Continue ReadingJuly 27, 2017 |
Department of Justice Renews Commitment to Enforcement of Foreign Corrupt Practices ActDuring his campaign, President Donald Trump raised uncertainty with statements that he disapproved of the Foreign Corrupt Practices Act. Since then, however, the Department of Justice has emphasized its continued enforcement efforts for FCPA violations. On April 18, 2017, at the Anti-Corruption, Export Controls & Sanctions Compliance Summit, DOJ’s Acting Principal Assistant Attorney General Trevor...… Continue ReadingMay 5, 2017 |
Former NHL Player receives probation for drug offenseFormer NHL player Kevin Stevens avoided a federal prison sentence yesterday following a hearing in U.S. District Court in Boston. Stevens, who played in the NHL for 16 years (1987-2002), including parts of 11 seasons with the Pittsburgh Penguins, also starred at Boston College and for the 1988 U.S. Olympic team. In the early 1990s,...… Continue ReadingMay 5, 2017 |
Government Failure to Prove Actual Losses Means No Restitution to Victims under Restitution Act, Court RulesThe Mandatory Victims Restitution Act of 1996 provides that defendants convicted of crimes committed by “fraud or deceit” must compensate victims for the full amount of their losses. A question that courts often face is whether the government and victim have provided sufficient evidence of their actual losses to obtain restitution under the MVRA. The … Continue ReadingApril 7, 2017 |
Self-Disclosure Analysis of FCPA violations and the New AdministrationOn April 5, 2016, the Department of Justice had set forth a Foreign Corrupt Practices Act (“FCPA”) Enforcement Plan and Guidance on enforcement, announcing an FCPA enforcement pilot program to promote greater accountability for individuals and companies that engage in corporate crime by motivating companies to voluntarily self-disclose FCPA-related misconduct, fully cooperate with the DOJ, … Continue ReadingMarch 27, 2017 |
Circuit Split Over Protection Afforded By Dodd-Frank Whistleblower Provision Widensby Joseph C. Toris and Benjamin L. Rouder In Somers v. Digital Realty Trust, 15-17352 (9th Cir. March 8, 2017), a split Ninth Circuit Court of Appeals widened an existing circuit court split by ruling that Section 21F of the Dodd-Frank Act (“DFA”) protects individuals who make internal disclosures as well as those who make … Continue ReadingMarch 16, 2017 |
Ex-GC Awarded $8 Million For Retaliatory FiringWritten by David A. Nenni and Jessica L. Sussman A California federal jury awarded Sanford Wadler, former General Counsel of Bio-Rad Laboratories, $8 million for his claims against his former employer under the whistleblower provisions of Sarbanes-Oxley (SOX) and the Dodd-Frank Acts (DFA). This case implicates a number of key issues confronting companies and their … Continue ReadingFebruary 7, 2017 |
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