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.

As collaboration tools and ephemeral messaging applications become ubiquitous in the modern workplace, the Antitrust Division of the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) are making clear that their content must be preserved like traditional modes of communication. On Friday, January 26, the DOJ and the FTC announced that they are updating language in their standard preservation letters and specifications for all second requests, voluntary access letters, and compulsory legal process, including grand jury subpoenas. Manish Kumar, Deputy Assistant Attorney General of the DOJ’s Antitrust Division in charge of criminal enforcement, noted that both DOJ and the FTC expect that companies and their current and former employees will preserve any and all responsive messages, regardless of their default settings to autodelete. An intentional failure to produce these communications may be treated as obstruction of justice.

On July 26, 2023, the U.S. Department of Justice (“DOJ”), the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”), and the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued a Tri-Seal Compliance Note outlining their respective voluntary self-disclosure (“VSD”) procedures for potential violations of U.S. export controls and sanctions.  This announcement highlights the agencies’ focus on compliance with export controls, sanctions, and other U.S. national security laws, and reminds industry of the incentives for voluntarily disclosing potential violations, including mitigation of civil and criminal penalties. 

A New Jersey federal judge has denied two executives’ efforts to suppress statements made during an interview conducted as part of an internal investigation of alleged bribe payments in India even though their employer was hoping to take advantage of a U.S. Department of Justice FCPA Pilot Program.

Since President Trump took office, several key FCPA developments have taken place that could impact your investigations and compliance programs. Attorneys in Crowell & Moring’s International Trade and White Collar & Regulatory Enforcement groups have teamed up for an engaging discussion on what companies can learn from these developments to date. Key topics to be discussed include: