Compliance Stuff

Executive Summary The U.S. Department of Justice has expanded the Corporate Enforcement and Voluntary Self-Disclosure Policy (the "CEP") to most DOJ components (except for the Antitrust Division). The CEP provides strong incentives for companies to voluntarily disclose corporate misconduct in hopes of obtaining a full declination of criminal charges, or else a non-prosecution agreement ("NPA"), or at least discretionary lenient treatment. The CEP, while offering compelling cooperation incentives, is not a one-size-fits-all panacea, and s maller businesses in particular would be well advised to approach voluntary self-disclosure decisions with appropriate caution, and with the advice of experienced counsel . Introduction On March 10, 2026, the Criminal Division of the U.S. Department of Justice (the "DOJ") announced the extension of its Corporate Enforcement and Voluntary Self-Disclosure Policy (the "CEP") to all DOJ components (with the exception...

This month’s  Friday Five  covers recent decisions on credibility pertaining to long COVID symptoms, weighing of disability evidence, overpayment accounting, preemption of state law claims, and a motion to compel discovery on financial incentives and other information. District of Vermont grants insurer’s motion for judgment on the record in long COVID case finding the plaintiff was not credible.   Plaintiff was terminated from his engineering position because “his engagement ended with his client.”   He submitted a claim for short-term disability (“STD”) and long-term disability (“LTD”) benefits, alleging inability to work due to symptoms of long COVID that pre-dated his termination .  The District of Vermont did not reach the question of whether the  de novo  or arbitrary and capricious standard applied because it found the plaintiff’s claim did not survive even under the broader  de novo  standard, due in part to the plaintiff’s lack ...