Insights

Washington – February 27, 2023: Global Investigations Review has named Crowell & Moring’s Investigations and White Collar & Regulatory Enforcement groups to its prestigious GIR 100 list, an annual guide to the world’s leading cross-border investigations practices. Based on extensive research, GIR selects 100 firms from around the world that it deems most able to handle sophisticated cross-border government-led and internal investigations. This is the eighth consecutive year that Crowell & Moring has made the list.

Washington – November 5, 2019: Crowell & Moring’s White Collar & Regulatory Enforcement Group has been named to the Global Investigation Review’s 2019 “GIR 100” list, which honors the world’s leading firms for corporate investigations. This marks the fifth consecutive year that the firm has been recognized for this honor.

A recent decision in a non-intervened qui tam suit in the Northern District of Georgia provides an example of a defendant threading the needle to avoid dismissal of its counterclaims despite those counterclaims arguably implicating the conduct that the relator alleged violated the False Claims Act (FCA). It also stands as a rare instance where a company’s counterclaims against an FCA relator have survived early court scrutiny and, as such, provides FCA defendants with a potential strategy to combat opportunistic relators.

On October 4, 2023, Deputy Attorney General (DAG) Lisa O. Monaco announced the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (Safe Harbor Policy).  Following other announcements from DOJ over the past two years aimed at encouraging voluntary self-disclosures, the Safe Harbor Policy was adopted because DOJ does not want to “discourage companies with effective compliance programs from lawfully acquiring companies with ineffective compliance programs.”  Through this new policy, DOJ is aiming to incentivize acquirers to timely disclose misconduct discovered during the M&A process (including pre-closing diligence and post-closing integration).

A False Claims Act (FCA) settlement recently announced by the U.S. Department of Justice stands at the intersection of two evolving trends:  DOJ’s increasing focus on cybersecurity lapses by government contractors as part of its Civil Cyber-Fraud Initiative, and DOJ policies incentivizing corporations to voluntarily self-disclose violations of federal law.

As the breadth of federal white collar enforcement continues to expand, more companies are finding themselves in this unfamiliar territory.  This webinar will explore the evolving white collar enforcement landscape, including the continued rise of whistleblower-initiated criminal and quasi-criminal investigations, and strategies for avoiding or navigating through such situations.

Cyber attacks have increasingly targeted major corporations, stealing vital technology and intellectual property, compromising M&A deals and negotiations, and damaging stock prices and marketplace competitive advantages.  After such breaches, corporate boards and officers must manage the cyber crisis -- regulatory enforcement actions, potential shareholder suits, customer and business partner disputes, and more. This interactive workshop brings together top corporations and experts to tackle one of the most challenging and rapidly escalating threats.  At this workshop, we will address real-world examples of cyber attacks and security breaches, practical experience with managing the cyber crisis, and essential best practices for mitigating and avoiding material cyber risks.

Recent pronouncements from top Department of Justice (“DOJ”) officials, and corresponding updates to the DOJ’s corporate criminal enforcement policies, highlight the Department’s focus on incentivizing voluntary disclosures and the increasingly critical role that a robust compliance program must play in companies today.  Our panel discussion with seasoned Crowell White Collar & Regulatory Enforcement, Investigations, and Labor and Employment attorneys will provide background and context to the updated policies, break down the new developments, and discuss actionable, practical steps that companies can take now to ensure alignment with the updated DOJ guidance—particularly when it comes to calibrating corporate compliance programs to incentivize good behavior and avoid misconduct. 

With treble damages against defendants and qui tam relator shares of up to 30% of those damages, plus reasonable attorney fees in successful suits, the FCA provides strong incentives for whistleblowers to bring qui tam actions, making it no surprise that most FCA actions are initiated by relators. Whether DOJ intervenes or not, FCA qui tam actions pose a variety of unique issues and challenges. In this webinar, we’ll discuss the peculiarities of qui tam actions and offer practical insights and strategies for the investigation and litigation of these cases.

A key component of any successful internal investigation is the effective—and efficient—management and use of documentary evidence. New technologies, data-privacy restrictions, the sheer volume of data in the modern business environment and other challenges require careful navigation in order to conduct investigations that are both defensible and cost-effective.  

In this episode, Steve Byers, Jason Crawford, and Agustin Orozco discuss the intersection between False Claims Act investigations and parallel criminal proceedings. "Let's Talk FCA" is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.

In this episode, hosts Jason Crawford and Mana Lombardo talk with Rebecca Ricigliano and Steve Byers, both partners in the firm’s White Collar & Regulatory Enforcement Group, about key considerations for navigating parallel criminal and civil False Claims Act proceedings. "Let's Talk FCA" is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.