Dec. 4, 2024

How Companies Can Protect Themselves From Secondary Sanctions Liability

In the wake of Russia’s 2022 actions in Ukraine, the U.S., U.K. and E.U. collectively initiated the most extensive and rapidly escalating sanctions regime in history. This unprecedented response saw the imposition of sweeping measures targeting key sectors of the Russian economy, high-profile individuals and critical state-owned enterprises. However, these extensive sanctions have not led to the intended outcome – by some measures, the Russian economy is thriving as the war in Ukraine grinds on. In this guest article, Martin De Luca, a partner at Boies Schiller, and Daria Pustilnik, a senior attorney at the firm, discuss how the U.S., U.K. and E.U. are attempting to increase pressure on Russia through secondary sanctions and the complications this may create for companies engaged in international trade. See this two-part series on the new Russia restrictions: “Agency Cooperation and Industry Focus” (Mar. 13, 2024), and “International Cooperation and Risk Mitigation” (Mar. 27, 2024).

What to Know (and Do) About DOJ’s Efforts to Identify and Prosecute Cybersecurity Fraud Under the False Claims Act

The DOJ has its sights set on cybersecurity fraud and is pursuing alleged offenders in unprecedented ways. In August 2024, the DOJ joined and took over a fraud case brought by a whistleblower – the first time the United States has taken the lead role in prosecuting a cybersecurity fraud case. In this guest article, Veronica Nannis, a shareholder at Joseph Greenwald and Laake, summarizes the DOJ’s efforts since its 2021 Civil Cyber-Fraud Initiative and discusses what all cybersecurity contractors should do both to maintain compliance and avoid costly cyber-fraud investigations. See our two-part series on the DOJ’s Corporate Whistleblower Awards Pilot Program: “A Look at Forfeiture and Culpability” (Aug. 14, 2024), and “Exclusions, NDAs and Goals” (Sep. 11, 2024).