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The New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
FEATURED
March 16, 2026
The New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
By: Robert Ward
Understanding the DOJ’s New Corporate Enforcement Framework On March 10, 2026, just weeks after the U.S. Attorney’s Office for the Southern District of New York (SDNY) released its updated voluntary corporate self-disclosure program for fraud and financial misconduct, the Department of Justice introduced its first Department‑wide Corporate Enforcement Policy (CEP). The CEP establishes a uniform approach for evaluating voluntary disclosures and cooperation across all DOJ criminal enforcement components (except for the Antitrust Division, which retains its own policy[1]), replacing the patchwork of policies across DOJ components and U.S. Attorney’s Offices, including SDNY’s February 2026 Voluntary Self‑Disclosure Program (SDNY VSP). The CEP therefore eliminates two of the most attractive features of the recently announced SDNY VSP: the promise of a conditional…
ABA White Collar Conference: Political Commentary vs. Best Practices
March 16, 2026
ABA White Collar Conference: Political Commentary vs. Best Practices
By: James Trusty
This year’s ABA White Collar conference in San Diego displayed a good number of the usual suspects in these week-long educational echo chambers: smug moments of schadenfreude when panelists smirk at Trump administration missteps, not-so-subtle calls to arms by former prosecutors who hoist the “Rule of Law” banner, and former Southern District of New York (SDNY) prosecutors touting the superiority of their old office, even…
Chatbots, Copyrights, and the Courts: The Latest in Litigation Developments in the Cases Against OpenAI
January 5, 2026
Chatbots, Copyrights, and the Courts: The Latest in Litigation Developments in the Cases Against OpenAI
By: Abbey Block
Litigation Update: Open AI’s Discovery Woes and Fair Use Defenses in Infringement Lawsuits Since its formation in 2015, the artificial intelligence company “Open AI” – most known for its creation of the widely used chatbot, “ChatGPT” – has faced its fair share of legal disputes. Two of the most notorious lawsuits, one filed by the New York Times and the other by a class of…
N.J. Again Passes Online-Poker Bill; Decision Now in Governor’s Hands
December 20, 2012
N.J. Again Passes Online-Poker Bill; Decision Now in Governor’s Hands
By: Ifrah Law
New Jersey could soon become the third state to legalize online gaming within its borders. Its State Senate on December 20, 2012, voted 33-3 to legalize online poker in the state. The General Assembly had previously approved the bill by a vote of 48-25-3. The bill was able to achieve significant bipartisan support in both houses of the state legislature. The bill will now be…
Court’s Strict Interpretation of Bank Fraud Law May Rein In Prosecutors
December 11, 2012
Court’s Strict Interpretation of Bank Fraud Law May Rein In Prosecutors
By: Ifrah Law
A recent interpretation of the federal bank fraud statute by the United States Court of Appeals for the Second Circuit may prove to be a useful check to overreaching by federal prosecutors, who have tended to use that statute in the past as a catch-all law enforcement tool. In United States v. Nkansah, the Court reviewed the conviction of a defendant for bank fraud and…
D.C. Circuit: Restitution Order Must Involve Victim’s Loss, Not Defendant’s Gain
December 5, 2012
D.C. Circuit: Restitution Order Must Involve Victim’s Loss, Not Defendant’s Gain
By: Ifrah Law
On November 9, 2012, in a unanimous opinion in United States v. Fair, the U.S. Court of Appeals for the D.C. Circuit found that the district court had abused its discretion in ordering restitution in the amount of $743,000 in a criminal copyright infringement case. The appeals court vacated the lower court’s restitution order, finding that the order was based on “a clear legal and…
Are Medicaid Claims Becoming the Next Battleground for FCA Cases?
December 4, 2012
Are Medicaid Claims Becoming the Next Battleground for FCA Cases?
By: Ifrah Law
A qui tam case that was recently dismissed on summary judgment may signal the next front in the legal enforcement war arising from off-label use of prescription medications. In United States ex rel. Watson v. King-Vassel et al., filed in the U.S. District Court for the Eastern District of Wisconsin, the complaint alleged that defendant Dr. Jennifer King-Vassel violated the Federal False Claims Act and…
New DOJ Guide on FCPA Provides Guidance, Gives Statute a Broad Reading
November 26, 2012
New DOJ Guide on FCPA Provides Guidance, Gives Statute a Broad Reading
By: Ifrah Law
After much uncertainty and discussion, the U.S. Department of Justice has finally issued official guidance regarding who qualifies as a “foreign official” under the Foreign Corrupt Practices Act (FCPA). This guidance was published on November 14, 2012, in the Resource Guide to the U.S. Foreign Corrupt Practices Act, a broad guide to enforcement and interpretation of the FCPA that the DOJ issued jointly with the…
