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FTC Guidelines Fallout
The regulations that the Federal Trade Commission (“FTC”) recently promulgated on product endorsements could result in injunctions for bloggers and advertisers, who could be ordered to reimburse consumers for financial losses stemming from product reviews that are considered inappropriate under the new guidance. The fines can reach up to $11,000 per violation.
The FTC action is in response to blogging used to market products and services online, but unbeknown to consumers, companies may compensate blogger-reviewers for their write-ups. Traditional journalism outlets normally bar their writers ' full-time and part-time staffers, as well as freelance contributors ' from accepting such compensation on the assumption that payment from a news or other type of information source presents at least the appearance of a conflict of interest and taints the treasured objectivity and fairness for which most journalism enterprises strive to present and to establish, along with the concomitant credibility with readers, viewers and listeners that such balance has traditionally established and nurtured.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.