Top Menu

Principal Associate Deputy AG Marshall Miller On …

miller

Recently, Principal Associate Deputy Attorney General Marshall Miller delivered this speech.

He focused his remarks on “how today’s world demands that the Department of Justice expand, innovate, and modernize our corporate enforcement efforts to meet the moment, and how the private sector can also adapt to combat misconduct and promote compliance.”

Miller began:

Continue Reading

Acting Assistant Attorney General Argentieri On …

Argentieri

Another day, another speech by a DOJ official.

Recently, Acting Assistant Attorney General Nicole Argentieri delivered this speech in which she discussed the following topics: foreign law enforcement cooperation, corporate cooperation, compensation incentives and clawbacks, voluntary disclosure, and the DOJ’s recent “safe harbor” policy in connection with merger and acquisition activity.

Regarding foreign law enforcement cooperation, Argentieri stated:

Continue Reading

What Others Are Saying About The DOJ’s “Safe Harbor” M&A Policy

Soapbox

This prior post highlighted the DOJ’s “New Safe Harbor Policy For Voluntary Disclosures Made In Connection With Mergers and Acquisitions.”

As discussed in the post, substantively the policy is not really new, nor is it a safe harbor as companies who follow the policy and “receive the presumption of a declination” will still have to pay a disgorgement amount (which in the FCPA context can be millions and sometimes higher than other forms of resolution such as a non-prosecution or deferred prosecution agreement).

This post highlights various law firm client alerts and updates regarding the policy,

Based on the the below sampling it does not appear that many law firms are impressed with the policy.

Continue Reading

DOJ Announces A “New Safe Harbor Policy For Voluntary Disclosures Made In Connection With Mergers And Acquisitions”

Monaco

For years, DOJ officials have been talking about policy issues surrounding merger & acquisition activity and potential criminal conduct.

Earlier this week, Deputy Attorney General Lisa Monaco announced a “new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions.”

However, as highlighted below, substantively the policy is not really new, nor is it a safe harbor as companies who follow the policy and “receive the presumption of a declination” will still have to pay a disgorgement amount (which in the FCPA context can be millions and sometimes higher than other forms of resolution such as a non-prosecution or deferred prosecution agreement).

Before highlighting Monaco’s recent speech, set forth below is a sampling of speeches from DOJ officials over the past five years on the topic of policy issues surrounding merger & acquisition activity and potential criminal conduct.

Continue Reading

Principal Associate Deputy Attorney General Miller On Voluntary Disclosure, Compensation Clawback, And National Security

miller

It is September which means enforcement agency officials hit the “conference circuit” to give scripted speeches.

Today it was Principal Associate Deputy Attorney General Marshall Miller speaking at a private event to discuss “the Justice Department’s corporate criminal enforcement priorities” specifically (in what is perhaps a laughable statement to many who closely follow DOJ enforcement activity) the DOJ’s “commitment to consistency, predictability, and transparency in our corporate enforcement work …”.

Miller began by talking about voluntary disclosure and stated:

Continue Reading

Powered by WordPress. Designed by WooThemes