What You Need To Know About COVID's Impact On White-Collar Litigation
There have been some recent major policy developments that have the potential to significantly impact white-collar enforcement going forward.
When you think about the impacts of the pandemic, white-collar crime might not be the first thing that comes to mind.
Nonetheless, there have been some recent major policy developments that have the potential to significantly impact white-collar enforcement going forward.
In an October 28, 2021, memorandum from Deputy Attorney General Lisa Monaco, the Biden administration announced plans to prioritize corporate enforcement in the white-collar arena. What, exactly, this means for companies in terms of risk mitigation remains to be seen.
Given the significance of the potential consequences that can come from being involved in a criminal investigation or prosecution, both corporations and their lawyers need to be paying extra attention to how the white-collar landscape is changing and how COVID has altered the practice of law in this area.
Among the key issues you need to understand are:
- How could white-collar enforcement and defense change in a post-COVID world? To date, practitioners are seeing impacts on the setting of trial dates, the prior limitations on international travel, remote work realities for investigators, targets, and counsel, and more.
- How has the DOJ’s October 2021 announcement that they’ll be prioritizing corporate enforcement played out six months later? White-collar practitioners should expect to see changes in how recidivist corporations are treated, the imposition of monitors, and requirements for identifying participants in misconduct, among other things.
- What are the DOJ’s enforcement priorities post-COVID? So far, it appears that there’s an increased focus on criminal antitrust enforcement in the labor context, but the landscape will continue to evolve. As a result, corporate compliance will be more important than ever going forward.
A panel of experts in the field of white-collar law will discuss all of these issues and more in an upcoming one-hour PLI program, White-Collar Crime in a Post-COVID World: What to Expect and How to Prepare. Register today to get the latest information on how post-COVID DOJ priorities are impacting white-collar crime enforcement and defense.
