Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

New DOJ Self-Disclosure Pilot Program Increases Risk for Startups

By Jonathan Fahey, Jonathan P. Lienhard and Oliver Roberts
July 01, 2024

The Department of Justice (DOJ) has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new DOJ development to best mitigate legal risks.

On April 15, 2024, the DOJ's Criminal Division announced a new program that awards non-prosecution agreements (NPAs) to individuals who "voluntarily self-disclose[] original information about criminal misconduct." This new program, the Pilot Program on Voluntary Self-Disclosures for Individuals, establishes a unique incentive structure that encourages the reporting of corporate misconduct and promotes corporate compliance.

While no startup ever thinks that they will be the focus of DOJ attention, this new DOJ program increases legal risks for all startups. All it takes is one disgruntled cofounder, investor, engineer, salesperson, or almost anyone, to report alleged criminal misconduct to the DOJ, potentially causing catastrophic harm to the company. And with DOJ dangling the potential reward of an NPA in front of them, that disgruntled individual now has a significant incentive to report.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers Image

In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

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.

CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit Image

Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.

Fresh Filings Image

Notable recent court filings in entertainment law.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.