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What to Expect from the Next Era In White-Collar Enforcement
In 2022, the Department of Justice demonstrated its willingness to initiate aggressive prosecutions against corporations and individuals, in a variety of industries and sometimes with novel tactics. Notable actions included those alleging antitrust violations in the poultry industry, fraud in connection with crypto assets and pandemic relief, and illicit support of foreign nations and terrorist groups.
In these cases, the DOJ focused on two goals: holding individuals accountable and facilitating corporate cooperation. Moreover, in February 2023, in a significant update to its corporate criminal enforcement policies and procedures, the DOJ announced a voluntary self-disclosure policy applicable in all U.S. Attorney's Offices nationwide. Below, we discuss the DOJ's recent pronouncements and recent cases with an eye toward identifying trends that companies should keep in mind when preparing for the next enforcement era.
DOJ Policy Statements On Corporate Cooperation and Other Best Practices
On Sept. 15, 2022, Deputy Attorney General Lisa Monaco issued a memorandum (Monaco Memo) outlining new guidance regarding DOJ enforcement goals. According to Monaco, the DOJ's first priority in prosecuting corporate criminal matters is holding individuals accountable who commit and profit from their crimes. Corporations seeking cooperation credit "must disclose to the [DOJ] all relevant, nonprivileged facts about individual misconduct" on a "timely basis." In particular, Monaco stressed the importance of voluntary corporate self-disclosure of misconduct.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.