The Prisoner’s Dilemma Comes for Corporate Crime
As part of its continued effort to incentivize the voluntary self-disclosure of corporate crime, the Criminal Division of the Department of Justice (DOJ) announced a pilot program in mid-April 2024 that will offer non-prosecution agreements (NPAs) to individuals who voluntarily self-disclose information about certain corporate crimes. This program, along with […]
Fatal Flaws in SEC’s Amended Complaint Against SolarWinds
In March 2024, a coalition of more than 50 cybersecurity leaders and organizations called for dismissal of an amended complaint by the Securities and Exchange Commission (SEC) against SolarWinds and its chief information security officer (CISO), Tim Brown. Amici from the business community and the software industry, as well as […]
Addressing Workplace Complaints: A Critical Step in Light of Whistleblower Incentives
Prosecutors and regulators have recently offered significant financial rewards to whistleblowers to come forward in an effort to spur corporate enforcement. But whistleblowers aren’t made overnight – many times they are persuaded to act by the perception that management is ignoring their complaints. In light of increased efforts by prosecutors […]
Ephemeral Messaging Isn’t a Fleeting Interest for Regulators
It has been one year since the Department of Justice announced updated guidance on use of ephemeral messaging platforms for corporate communications. Since then, the DOJ and other regulators continue to sound alarms about these tools, which automatically erase conversations between parties. Their stance is clear: Companies with strong policies will be […]
DOJ to Launch New Whistleblower Rewards Program
On March 7, 2024, US Deputy Attorney General Lisa Monaco announced a new program that will financially reward whistleblowers who notify the Department of Justice (DOJ) of “significant” corporate misconduct. This announcement served as the kickoff of a 90-day “sprint” to develop a pilot program. The formal program launch will […]
Proceed With Caution: Federal Courts of Appeal Uphold Criminal Convictions for Misbranding Violations Under FDCA
Voluntary compliance may be the backbone of the Federal Food, Drug, and Cosmetic Act (FDCA), but when the US government believes that a company is unwilling or unable to achieve compliance, it will seek to enforce the FDCA both civilly and criminally. Two recent cases reaffirm that the federal government […]
DOJ Warns of Harsher Punishment for Crimes Committed Using Artificial Intelligence
On February 14, 2024, Deputy Attorney General Lisa Monaco announced that prosecutors would seek stricter sentences for crimes perpetrated using artificial intelligence (AI). Monaco also announced a new initiative – Justice AI – to study the effective use of AI in the justice system. Monaco’s comments are the latest confirmation […]
Featured in Law360: Landmark Product Safety Prosecution May Signal Sea Change
In November 2023, a jury convicted two corporate executives of conspiracy and failure to report information about defective residential dehumidifiers, as required by the Consumer Product Safety Act (CPSA). The jury verdict in U.S. v. Chu is the first-ever criminal conviction of corporate executives for failure to report under the […]
Online Service Providers: Obligations Under The UK’s Online Safety Act 2023
The UK’s Online Safety Act (OSA) 2023, which became law on 26 October 2023, imposes extensive new obligations on certain types of online service providers, requiring them to protect their users by identifying, mitigating, and managing risks relating to illegal and harmful content. The OSA applies to certain service providers […]
Parallel SEC, FDA Regulatory Enforcement: What Life Sciences Companies Should Know
Life sciences companies, take note: While parallel enforcement by the Securities and Exchange Commission (SEC) and the Food and Drug Administration (FDA) is not new, it appears to be gaining favor among regulators. Cooley partners Luke Cadigan and Sonia Nath recently co-authored an article in the Food and Drug Law […]