Benjamin Glassman

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The SDNY Whistleblower Pilot Program Within the Framework of Corporate Criminal Enforcement

The United States Attorney’s Office for the Southern District of New York recently announced a policy—called the “SDNY Whistleblower Pilot Program”—that seeks to encourage individuals to voluntarily disclose financial crimes in which they themselves participated. First unveiled in January 2024 and then revised this month, the policy sets forth the circumstances under which SDNY says … Continue Reading

Managing and Reporting Third-Party Cybersecurity Incidents Under the New SEC Cyber Risk Regulations

The rules on reporting cybersecurity risks and incidents pose many challenges for companies. Those challenges can be even more difficult when the cybersecurity incident affects third-party systems. With no exceptions for third-party cybersecurity incidents under the new cybersecurity reporting regulations, companies should take proactive steps to assess and respond appropriately to third-party cybersecurity incidents. The … Continue Reading

Supreme Court Clarifies Knowledge Requirement for False Claims Act Liability

Earlier this year, we previewed two significant False Claims Act (FCA) cases before the U.S. Supreme Court, United States ex. rel. Schutte v. SuperValu, Inc., No. 21-1326 (“SuperValu”), and United States ex. Rel. Proctor v. Safeway, Inc., No. 22-111 (“Safeway”).  The FCA provides that “any person who knowingly presents, or causes to be presented, a … Continue Reading

Can a Private Person Defraud the Public of Honest Services?

Last month in Percoco v. United States (U.S. May 11, 2023), the Supreme Court reversed the petitioner’s judgment of conviction for conspiracy to commit honest-services wire fraud for allegedly accepting $70,000 from a developer in return for asking a state agency to drop its labor peace agreement requirement. Joseph Percoco had previously served as Executive … Continue Reading

Investigations Involving Alleged Redlining

Perhaps the signature initiative of the Department of Justice’s Civil Rights Division under the current Administration has been its Combatting Redlining Initiative. By “redlining,” the Department means that a lender has avoided providing access to home mortgage loans to homeowners and prospective homeowners in majority-minority census tracts, in violation of the Fair Housing and Equal … Continue Reading

Does the Recent Attempt by Congressional GOP to Overturn Labor ESG Rule Portend Congressional Scrutiny of Progressive Corporate Policies?

Our colleagues at Capital Thinking have been monitoring this week’s veto by President Biden of a Republican-led effort to overturn a Department of Labor rule on environmental, social, and governance (ESG) guidelines for retirement accounts.  Given the topic, and how it may potentially lead to House and Senate investigations on ESG initiatives or other corporate initiatives, … Continue Reading

DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney’s Offices

On February 22, 2023, the Department of Justice (“DOJ”) announced the new United States Attorneys’ Offices Voluntary Self-Disclosure Policy (“VSD Policy”).  Following on the heels of the Criminal Division’s revised Corporate Enforcement Policy, the VSD Policy was also developed in response to the “Monaco Memo,” which directed each component of the DOJ that prosecutes corporate … Continue Reading

DOJ FCPA Unit Officials’ Take on 2022

In an onstage interview at the American Conference Institute’s 39th International Conference on the Foreign Corrupt Practices Act David Last, Chief of the FCPA Unit of Department of Justice, Criminal Division, Fraud Section, and David Fuhr, the Unit’s Assistant Chief, reflected on the year’s most pressing enforcement issues. Acknowledging that 2022 had been difficult for DOJ’s … Continue Reading

Corporate and White-Collar Enforcement in 2023–24

As 2022 comes to a close, is it possible to predict a trend for corporate and white-collar enforcement by the U.S. Department of Justice in 2023? Yes: enforcement will increase in 2023, and it will increase yet more in 2024. Understanding the Department as a dispersed, human institution that responds to incentives explains why.… Continue Reading

Welcome to Global Investigations & Compliance Review

This year has brought remarkable change around the globe – including new administrations, changing regulatory approaches, conflicts, and rapidly evolving global sanctions. Staying on top of how these changes impact businesses, individuals and sovereign entities is a challenge that Squire Patton Boggs’ Government Investigations & White Collar team is dedicated to helping our clients manage. … Continue Reading

Series: Remedies available to companies harmed by industrial espionage

The authors would like to thank Thomas Fogarty and Anya Bharat Ram for their contributions to this post. Section 1832 of the Economic Espionage Act of 1996 (the “Act”) criminalizes the theft of trade secrets “intended for use in interstate or foreign commerce, to the economic benefit of anyone other than the owner.” 18 U.S.C. § 1832(a). … Continue Reading

Series: Overview of Ways to Legally and Practically Protect Your Company from Industrial Espionage

As we discussed in a previous article, companies can be at risk from internal and external sources of industrial espionage, in an attempt to gain an unfair competitive advantage or disrupt operations. Legal Protections Owners of a trade secret have a federal cause of action against an individual or company that misappropriates their trade secret … Continue Reading

Series: Types of Industrial Espionage

Industrial espionage refers to various activities performed to gain an unfair competitive advantage, rather than for national security purposes.  As we discussed in a previous article, the ways in which industrial espionage can affect a company are numerous and include theft of trade secrets and disruption to operation. Section 1832 of the Economic Espionage Act … Continue Reading

DOJ FCPA Opinion Encourages Corporate Disclosure

On January 21, 2022, the Department of Justice issued an opinion applying the Foreign Corrupt Practices Act to a Hollywood movie-like factual scenario relating to extortion and duress. The opinion is one of two FCPA opinions published within the last two years. Before those two opinions, DOJ had not published one since 2014. Publication of … Continue Reading

Series: Economic Espionage and Theft of Trade Secrets

In 1996, President Clinton signed the Economic Espionage Act (the “Act”). At the time, the principal proponents of the law included business leaders from the then burgeoning Silicon Valley as well as from the aerospace industry. Proponents of the Act claimed foreign entities were actively attempting to steal trade secrets and that the existing laws … Continue Reading

Allocating Attorney Fees in a False Claims Act Settlement with Multiple Relators

The United States Court of Appeals for the Sixth Circuit recently issued a published opinion regarding entitlement to attorney fees in a False Claims Act settlement that involved multiple relators, each of whom had filed a case in which the government intervened. Addressing arguments based on 31 U.S.C. s. 3730(d)(1), the first-to-file rule, and the … Continue Reading

Supreme Court Trims Wire Fraud Theory of Public Corruption in Bridgegate Decision

In Kelly v. United States, 590 U.S. — (May 7, 2020), the Supreme Court recently reversed the federal fraud convictions of former public officials Bridget Kelly and William Baroni arising out of the Bridgegate scandal.  The decision limits the applicability of the federal wire fraud statute to public corruption, and it will affect how such … Continue Reading
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