Companies have had over one year to review and implement a sanctions compliance guidance program.  This last year, however, has been difficult (to say the least) given the COVID-19 pandemic.  Companies have had unusual challenges.  OFAC recognized the impact of COVID-19 when it issued guidance in April 2020 recognizing that companies faced challenging times and may have reallocated resources to meet pandemic needs. Prior to...

Beam Suntory, a global producer and distributor of distilled beverages, settled its FCPA case with DOJ for $19.5 million for bribes paid in India. The DOJ settlement follows an SEC FCPA settlement for $8 million announced on July 2, 2018.  The timing of the FCPA settlements is unusual and suggests that DOJ’s resolution involved unique issues relating to Beam Suntory’s cooperation.  In this Episode, Michael Volkov...

DOJ’s antitrust case against Google presents several interesting and difficult issues.  Google dominates the search engine market.  No one can question that.  But the question will eventually boil down to whether Google’s conduct, as a monopolist, resulted in consumer harm. Section 2 monopolization cases require more proof than whether a specific company has a monopoly.  The question boils down to whether Google engaged in exclusionary...

Webinar: Antitrust Enforcement and Compliance Trends December 1, 2020 12 Noon EST Sign up HERE The Justice Department Antitrust Division’s criminal enforcement program has been gaining steam. DOJ has focused on the generic pharmaceutical industry, chicken processing, Florida-based oncology treatment and recently launched its procurement collusion task force. For many global companies, criminal antitrust enforcement is a significant risk. It is important that global companies...

The Justice Department’s landmark monopolization case against Google is interesting.  The case represents yet another attempt to apply well-established antitrust principles in a rapidly-changing, dynamic technology market. The government has a good record in monopolization cases in the high-tech sector.  Its case against Microsoft was hard fought and established several important principles to high-tech monopolists.  Google’s Monopoly Google controls approximately 90 percent of the United...

The Department of Justice and eleven state Attorneys General filed an antitrust case against Google in the United States Court for the District of Columbia.  DOJ’s filing was hurried at the behest of the Attorney General Bill Barr, and reflects DOJ’s growing focus on high-tech businesses and monopolization conduct.  DOJ’s case joins a long list of high-profile monopolization cases, including Microsoft, AT&T and IBM.  DOJ’s...

Elizabeth Slim, Senior Consultant at The Volkov Law Group, joins us for part II of her postings on the problem of human trafficking and recent guidance issued by FinCEN.  Elizabeth can be reached at [email protected]. Human traffickers, like all criminals, rely on the international financial system to facilitate their crimes and to disguise proceeds from their illegal activities.  Traffickers open bank accounts to deposit and...

Elizabeth Slim, Senior Consultant at The Volkov Law Group, joins us for a two-part posting on the problem of human trafficking and recent guidance issued by FinCEN.  Elizabeth can be reached at [email protected]. Human trafficking has become one of the most profitable forms of international crime.  At an estimated $150 billion worldwide per year, it ranks third to drug trafficking and counterfeit goods.  There are...

The Department of Justice and eleven state Attorneys General filed an antitrust case against Google in the United States Court for the District of Columbia.  DOJ’s filing was hurried at the behest of the Attorney General Bill Barr, and reflects DOJ’s growing focus on high-tech businesses and monopolization conduct.  DOJ’s case joins a long list of high-profile monopolization cases, including Microsoft, AT&T and IBM.  DOJ’s...

In the enforcement and compliance arena, there are instances of misconduct that underscore important governance principles. But this just sounds like a bunch of mumbo jumbo (the technical term, I know). In the face of inexplicable behavior and failures to act, I often come back to the simple, but powerful phrase, “You Should Have Known Better.”  The use of this phrase carries with it a...