Brian K. Kidd

Sep 26, 2024 | lexology.com | Adam L. Braverman |Charles Duross |Edward A. Imperatore |Brian K. Kidd |James Koukios |Brian Michael | +1 more

Key TakeawaysOn September 23, 2024, the Criminal Division of the U.S. Department of Justice (DOJ) revised its Evaluation of Corporate Compliance Programs or ECCP (the “September 2024 ECCP”).

Jun 13, 2024 | jdsupra.com | Val Dahiya |Kelley A. Howes |Brian K. Kidd

Summary On June 5, 2024, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) unanimously vacated the “Private Fund Adviser Rules,”[1] which the U.S. Securities and Exchange Commission (the SEC) adopted in August 2023, with compliance dates beginning September 14, 2024.[2] The Fifth Circuit found that in adopting the rules, the SEC exceeded its statutory authority under Section 206(4) and Section 211(h) of the Investment Advisers Act of 1940 (the...

Mar 10, 2023 | jdsupra.com | Will Baker |Adam L. Braverman |Brian K. Kidd

​Key Takeaways On March 3, 2023, the Criminal Division of the U.S. Department of Justice ("DOJ") revised its Evaluation of Corporate Compliance Programs or ECCP (the “March 2023 ECCP”) for the first time since June 2020.

Jan 23, 2023 | lexology.com | Edward A. Imperatore |Brian K. Kidd |Brian Michael |Peter Skinner |Christine Wong

On December 27, 2022, in United States v. Blaszczak (“Blaszczak II”), the U.S. Court of Appeals for the Second Circuit called into question what constitutes “property” in cases of securities fraud, wire fraud and theft of government property.

Jan 19, 2023 | jdsupra.com | Deborah Connor |Charles Duross |Brian K. Kidd

On January 17, 2023, the Assistant Attorney General (AAG) for the Criminal Division of the U.S. Department of Justice (DOJ), Kenneth Polite, Jr., announced that DOJ had made “significant changes” to its Corporate Enforcement Policy (the “Policy” or the “CEP”). Most notably, the revised Policy increases the incentives for companies to voluntarily self-disclose misconduct, cooperate with DOJ investigations, and implement timely and appropriate remediation.