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In the Courts
Seventh Circuit: Military Government Contractor's FCA Summary Judgment Upheld for Lack of Materiality, Knowledge
On Dec. 11, 2015, the U.S. Court of Appeals for the Seventh Circuit announced its decision in United States ex rel. Debra Marshall v. Woodward, Inc., No. 15-1866, 2015 WL 5895976 (7th Cir. Dec. 11, 2015), in which Woodward, a designer, manufacturer and service provider of control systems in the aerospace and energy markets, was accused of violating the False Claims Act (FCA) based both on its sale of certified helicopter engine parts and the termination of two employees (also the whistleblowers in the lawsuit). The District Court for the Northern District of Illinois granted the defendant's motion for summary judgment in March 2015, and found that Woodward's actions did not violate the FCA (or Illinois law).
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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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.