The DOJ’s New Corporate Enforcement Policy: An Analysis of Initial Impacts, Results and How Life Sciences Companies Should Assess Risk

June 18, 2018 9:00am

Patrick Stokes
Gibson, Dunn & Crutcher LLP (Washington, DC)

Angela Burgess
Davis Polk & Wardwell LLP (New York, NY)

Brian E. Kowalski
Latham & Watkins (Washington, DC)

  • How the implications of voluntary self-disclosure have changed in the wake of the new policy
  • How the new corporate enforcement policy is factoring into companies’ decisions on whether or not to self-disclose
  • How companies are evaluating the presumption of declination
  • The enhanced value of cooperation
  • The importance of individual vs. corporate accountability
  • What impact the new corporate enforcement policy could have on potential whistleblowers’ motivation to step forward with an allegation
  • The FCPA guidance’s practical meaning of “aggravating circumstances”
  • The importance and meaning of “recidivism”
    • Eligibility for declination in the case of a previous offense
    • When a previous investigation didn’t result in a penalty but a DPA, declination or other corporate integrity agreement with specific compliance conditions attached