In a recent article for Westlaw Today, counsel Jackson Hobbs examines how the U.S. Department of Justice’s new Corporate Enforcement Policy and its FOCUS data-mining initiative are reshaping how companies weigh self-disclosure decisions.
In the article, Hobbs notes that “being the first to discover misconduct is no longer enough. Companies may increasingly benefit from being the first to disclose it.” He also details the Corporate Enforcement Policy’s three-part framework for declinations and non-prosecution agreements, and explores how expanded data analytics affect the False Claims Act’s public disclosure bar.
Read the full article here: To disclose or not disclose — How DOJ’s data-mining changes self-disclosure analysis