Washington Watch: Legal and prosecutorial trends for the rest of - PowerPoint PPT Presentation

Washington Watch: Legal and prosecutorial trends for the rest of 2018 and beyond

Introduction. Client name to go here.

Joshua. • Crisis management consultant based in DC • Experience working alongside attorneys to resolve crises

The Story So Far.

The Story So Far. • Far from the norm: • Unprecedented presidential influence • Mismatched policies • Leader-less Justice Department divisions

The Story So Far. • Exactly as expected: • Deregulation early and often • Dramatic headlines don’t tell the story • Obama-era policies continued

2018 & beyond.

2018 & beyond. • Enforcement • More business friendly than previous administrations • Certain Obama-era policies – like the Yates Memo – continue • International cooperation improves • New AAG likely to facilitate even more business-friendly policies

“Our new policy discourages ‘piling on’ by instructing Department components to appropriately coordinate with one another and with other enforcement agencies in imposing multiple penalties on a company in relation to investigations of the same misconduct.” - Deputy Attorney General Rod Rosenstein

“No Piling On” • Previously, companies running afoul of certain statutes like the FCPA and FCA, became a target for multiple government enforcement agencies • Facing crippling fines and regulatory scrutiny, some companies opted not to self report • New policies encourage self reporting by promising fair, coordinated enforcement between agencies

“To be eligible for any cooperation credit, corporations are required to provide the DOJ all relevant facts about the individuals involved in the alleged misconduct” - Yates Memo

Yates Memo • Late in the last administration, the DOJ issued the Yates Memo, encouraging more enforcement actions targeted at individuals within offending companies • You might think a memo bearing the name of a Trump antagonist would be one of the first to go, but it remains in effect

“This successful parallel investigation is a tremendous example of the central importance of working cooperatively alongside our international partners to achieve a fair and meaningful resolution.” - Assistant Director in Charge Paul M. Abbate

International Cooperation • Multinational companies may be subject to enforcement in multiple nations • Bilaterally cooperative investigation make investigations and enforcements more efficient for prosecutor and defendant • The Trump administration has already secured a few high-profile joint enforcements • Seen as mutually beneficial, we expect the trend to continue under the new AAG

Variables.