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    Dec. 4, 2024

DOJ’s 2024 Edits to the ECCP: Speaking Up, Compliance Resources and Lessons Learned

The edits to the DOJ’s Evaluation of Corporate Compliance Programs that were announced in September 2024 (2024 Edits) were broad, touching on many aspects of compliance programs. The first article of this three-part series unpacking the 2024 Edits discussed the changes related to AI, the hottest compliance topic of the day; and the second examined the many edits related to data analytics, which are still cutting edge for many companies. In this last installment, we cover changes regarding bread-and-butter elements of a compliance program that are less sexy to discuss but equally important. See “Meeting DOJ Expectations Post-Resolution Requires Realism and Accountability” (Sep. 11, 2024).

How Companies Can Protect Themselves From Secondary Sanctions Liability

In the wake of Russia’s 2022 actions in Ukraine, the U.S., U.K. and E.U. collectively initiated the most extensive and rapidly escalating sanctions regime in history. This unprecedented response saw the imposition of sweeping measures targeting key sectors of the Russian economy, high-profile individuals and critical state-owned enterprises. However, these sanctions have not led to the intended outcome – by some measures, the Russian economy is thriving as the war in Ukraine grinds on. In this guest article, Martin De Luca, a partner at Boies Schiller, and Daria Pustilnik, a senior attorney at the firm, discuss how the U.S., U.K. and E.U. are attempting to increase pressure on Russia through secondary sanctions and the complications this may create for companies engaged in international trade. See our two-part series on the new Russia restrictions: “Agency Cooperation and Industry Focus” (Mar. 13, 2024), and “International Cooperation and Risk Mitigation” (Mar. 27, 2024).

Raytheon’s $950‑Million Settlement: Does It Count As a Win?

To settle allegations of foreign bribery, export control violations and defective pricing from multiple U.S. agencies, Raytheon Company (Raytheon) and its parent company, RTX Corporation, will pay over $950 million in fines, penalties and disgorgement, and will need to hire multiple monitors. Such a significant resolution may suggest that the companies were hard done by but, oddly enough, the monetary setback might yield a net gain. This first article in a two-part series lays out Raytheon’s behaviors that led to the settlement, the resolution with the government and the possible upside. The second article will focus on the monitorships and the broader takeaways for entities working in the aerospace and defense industries. See “How to Survive – and Even Thrive – Under a DPA” (Oct. 9, 2024).

Lessons From TD Synnex on Creating a Playbook for Post-M&A Compliance Integration

Integrating compliance systems after a merger or acquisition is notoriously tricky and can cause headaches for the compliance teams at both entities. During the 2024 Compliance & Ethics Institute hosted by the Society of Corporate Compliance and Ethics, Katarzyna Golonka, TD Synnex’s vice president for global compliance, and Jannica Houben, vice president for global legal transformation at the same company, shared insights on creating a post-transaction playbook to help the process run smoothly. This article summarizes their advice on aligning structures and processes, gaining buy-in from company leadership and embracing interim solutions. See our two-part series on the John Deere Settlement: “Internal Controls Fail to Prevent T&E Missteps” (Sep. 25, 2024), and “M&A Integration, Commercial Bribery and Compliance Remediation” (Oct. 23, 2024).

What to Know (and Do) About the DOJ’s Efforts to Identify and Prosecute Cybersecurity Fraud Under the False Claims Act

The DOJ has its sights set on cybersecurity fraud and is pursuing alleged offenders in unprecedented ways. In August 2024, the DOJ joined and took over a fraud case brought by a whistleblower – the first time the United States has taken the lead role in prosecuting a cybersecurity fraud case. In this guest article, Veronica Nannis, a shareholder at Joseph Greenwald & Laake, summarizes the DOJ’s efforts since its 2021 Civil Cyber-Fraud Initiative and discusses how companies can mitigate risk. See our two-part series on the DOJ’s Corporate Whistleblower Awards Pilot Program: “A Look at Forfeiture and Culpability” (Aug. 14, 2024), and “Exclusions, NDAs and Goals” (Sep. 11, 2024).

Former FCPA Unit Prosecutor Laura Perkins Moves to Cadwalader in D.C.

Cadwalader has announced that Laura Perkins has joined the firm as a partner in the global litigation group, based in Washington, D.C. She arrives from Hughes Hubbard & Reed. For commentary from Perkins, see “Coming Year’s FCPA Enforcement Developments Build on Eventful 2023” (Dec. 20, 2023).

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Spotlight on Trailblazing Women

To mark International Women’s Day 2024, women editors and reporters of ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Jill Abitbol, Managing Editor of the Cybersecurity Law Report and Anti-Corruption Report, features notable women in data privacy, cybersecurity, white collar defense, compliance and anti-corruption law, including Christina Montgomery, Leslie Shanklin, Palmina Fava, Alexandra Ross and Lucinda Low. Enjoy reading their inspiring remarks here.