SEC and DOJ Target Insider Trading on the Dark Web

A high profile action brought recently by the SEC and DOJ against a SpaceX engineer exemplifies the federal government’s ability to monitor the dark web, despite its anonymity. Regardless of the difficulties in monitoring for sensitive information disseminated on the dark web, companies need to take proactive, prophylactic steps to help minimize the danger that company insiders will misuse access to material nonpublic information.

The Compliance Monthly: The Government’s Prioritization of Information Over Sanction

As part of Temple Law’s Faculty Spring Colloquium Series, Professor Veronica Root Martinez presented her paper: The Government’s Prioritization of Information Over Sanction: Implications for Compliance. Professor Martinez teaches at Notre Dame Law School and is also the Director of the Program on Ethics, Compliance & Inclusion.

The Compliance Monthly: The Outlook for Enforcement Actions Under a Biden Administration

There was a perception in 2017 when then President-elect Trump took office that white collar enforcement actions under the US Department of Justice (DOJ) might drop dramatically. Many expected the Republican administration to effect policy changes or resourcing decisions that would keep corporations out of the spotlight when it came to major investigations and massive penalties. But, in surveying the last four years, the opposite happened.

The Compliance Monthly: Fraud Emerges as Telemedicine Surges – Compliance Guidance for Telemedicine Providers

Telemedicine providers should examine the type of conduct DOJ has recently
focused on and adapt their compliance systems accordingly. Providers should also consider the
cybersecurity dimension of a robust compliance system and ensure that their network is
protected from malicious cyber actors.

DOJ Updates Guidance on the Evaluation of Corporate Compliance Programs

The Department of Justice-Criminal Division recently updated its internal guidance to federal prosecutors for evaluating corporate compliance programs. Despite the lack of major substantive changes, the updated guidance encourages prosecutors to take the risk profile of corporations into account when evaluating its compliance programs.

Antitrust Agency Turf War Over Big Tech Investigations

Temple Law alumnus Carl Hittinger discusses the positions of the Federal Trade Commission and the Department of Justice as calls for antitrust investigations into “Big Tech” companies escalate. The agencies, which share civil antitrust enforcement authority, reportedly are tussling over the right to investigate social media, online retail, search engine, and app store companies, raising the possibility of wasted resources, duplicative investigations, inconsistent positions, and confusion.