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In 2012, companies and executives operating in the healthcare and life sciences industries had an outsize presence in Foreign Corrupt Practices Act (FCPA) enforcement actions. Given recent Department of Justice (DOJ) and Securities and Exchange Commission (SEC) pronouncements, coupled with more companies deciding to voluntarily disclose and seek greater leniency by providing information regarding their employees and competitors, it appears that the world of healthcare, pharmaceuticals, and medical devices will continue to figure prominently in FCPA enforcement.
Recent Enforcement Actions
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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 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.
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.
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.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.