Insights

Washington – January 10, 2024: Crowell & Moring has published Litigation Forecast 2024: What Corporate Counsel Need to Know for the Coming Year. The 12th-annual Litigation Forecast focuses on trends in intellectual property, regulatory and other U.S. litigation, with special coverage of supply chain recovery and international litigation.

On April 28, the Fifth Circuit found in U.S. v. Harris that the government must take into account the value of the work performed in assessing damages in procurement fraud cases, even when sentencing individuals. In a perhaps unique fact pattern, the court upheld the conviction for 16 counts of wire fraud, but overturned the two-year prison sentence of an Army colonel because the government had calculated damages based on the full $1.3 million value of the contracts, rather than properly reducing that total for the value of the work performed.

Employers of all stripes, shapes, and sizes should take heed: the Department of Justice announced in a press release on December 17 that it is actively working with the Department of Labor to "increase the frequency and effectiveness of criminal prosecutions of worker safety violations." Citing "troubling statistics on workplace deaths and injuries," the DOJ issued a Memorandum to all United States Attorneys announcing the Department's "renewed commitment" to pursuing criminal prosecution and penalties as an additional enforcement tool for violations of three federal statutes focused on workplace safety and health: the Occupational Safety and Health Act of 1970 (OSH Act), the Federal Mine Safety and Health Act of 1977 (Mine Act), and the Migrant and Seasonal Agricultural Worker Protection Act. 

Crowell & Moring attorneys lend their voices to WFED radio today. Listen in at 12:30 pm EDT as these practitioners discuss the triggers of a federal investigation, how to formulate an investigative plan (including review of recent key developments), and corrective action measures.

The COVID-19 pandemic has struck fear and wrought illness indiscriminately across the globe. We will eventually weather this storm, find health solutions that contain the damage, and restore our sense of confidence that we can live our lives as we did before. It will take time, but we’ve overcome challenges like this before, with science, sound policy, and community will.

As we celebrate our 40th anniversary, chair Philip Inglima writes to Crowell & Moring lawyers and professional about how the spirit that inspired us to launch a different kind of firm is still with us today.

The use of independent compliance monitors in U.S. Department of Justice resolutions has grown so common that they are now almost a given in the department’s disposition of corporate criminal and regulatory enforcement actions. But as experience with monitorships has grown, it has become increasingly clear that they can sometimes create serious problems for the companies they are intended to help.

The Energy & Mineral Law Foundation will host their annual Mine Safety & Health Law Special Institute.

Each John Carroll Weekend culminates with a banquet celebrating the John Carroll and Patrick Healy Award recipients and their distinguished service to Georgetown and their communities, their lifetime achievement and dedication to advancing Georgetown's mission of distinguished service and leadership.

Over the past two decades, this Institute has been attended by federal and state judges and prosecutors, other law enforcement officials, defense attorneys, corporate in-house counsel and members of the academic community. The faculty regularly includes some of the leading members of the white collar bar in the United States and in England. Among the audience are nationally renowned lawyers as well as many who are beginning to concentrate in the white collar area. Attendees have consistently given the Institute high ratings for the exceptional quality of its publication, the panelists’ presentations, the valuable updates on new developments and strategies, as well as the rare opportunity to meet colleagues in this field, renew acquaintances and exchange ideas. This year, they will once again present a panel for newer practitioners on February 24 in the afternoon, with an emphasis on building a white collar criminal practice.

Please click here for a copy of the presentation. Will it be more of the same for government contractors in 2016 -- increased oversight, intense competition, new regulations, and consolidation? Join the Crowell & Moring team on Thursday, January 14 at 1:00 pm Eastern to find out. Our attorneys will discuss likely trends for the coming year on a variety of topics including cost, commercial items, update on Executive Orders, investigations, compliance, suspension/debarment, GSA and VA schedules, mergers & acquisitions, small business, procurement fraud and so much more.