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Proposed FAR Rule Targets Restrictive Confidentiality Agreements

Client Alert | 1 min read | 01.27.16

On January 22, 2016, the FAR Council proposed a new rule implementing section 743 of the 2015 Consolidated and Further Continuing Appropriations Act, which prohibits federal dollars from going to companies that require employees to sign restrictive confidentiality agreements that could limit the ability of employees to report suspected fraud and abuse to the government. As described in a post, the proposed rule comes at a time of increased scrutiny from government agencies on the use of confidentiality agreements, and several agencies have issued class deviations in order to implement the requirements of the 2015 act pending the issuance of the final FAR rule.

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Client Alert | 3 min read | 04.23.24

DOJ Promises NPAs to Certain Individuals Through New Voluntary Self-Disclosure Pilot Program

On April 15, 2024, the Acting Assistant Attorney General for the Criminal Division of the Department of Justice (“DOJ”) Nicole Argentieri announced a new Pilot Program on Voluntary Self-Disclosure for Individuals (“Pilot Program” or “Program”). The Pilot Program offers a clear path for voluntary self-disclosure by certain corporate executives and other individuals who are themselves involved in misconduct by corporations, in exchange for a Non-Prosecution Agreement (“NPA”). The Pilot Program specifically targets individuals who disclose to the Criminal Division at DOJ in Washington, D.C. information about certain corporate criminal conduct. By carving out a clear path to non-prosecution for those who qualify, DOJ has created another tool to uncover complex crimes that might not otherwise be reported to the Department. ...