Roundups

Compliance and AI Roundup for the Week of March 20, 2023

DOJ Releases Guidance on Evaluation of Corporate Compliance Program Concerning Compensation and Employee Use of Personal Devices and Personal Messaging Applications

The U.S. Department of Justice (DOJ) has released revised guidance on their Evaluation of Corporate Compliance Programs (ECCP), following remarks made at the 38th Annual National Institute on White Collar Crime on March 2 and 3, 2023. The revised ECCP contains two important changes: prosecutors will consider compensation structures and consequence management more closely when evaluating compliance programs, and employers must consider the use of personal devices and personal messaging applications when creating their compliance programs. This information was published by Sheppard Mullin Richter & Hampton LLP via Compliance | JD Supra Law News.

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The Effects of Antitrust Laws on Horizontal Mergers: International Evidence

The article explores the effects of antitrust laws on horizontal mergers by examining evidence from international markets.

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5th Circuit says overseas FCPA ‘witness’ wasn’t entitled to Miranda warning

The 5th Circuit Court of Appeals overturned a lower court ruling that the US Department of Homeland Security deprived a Portuguese citizen of his constitutional right to a Miranda warning during an interview related to a sprawling corruption investigation involving Venezuela’s state oil company, PDVSA. Paulo Murta was indicted in April 2019 on one count of FCPA conspiracy and three related money-laundering counts. A federal grand jury accused him of helping set up bank accounts where bribe payments to co-conspirators could be deposited. The lower court dismissed all charges last July, partly on the grounds that the Homeland Security agents who questioned him in Portugal deprived him of his constitutional right to a Miranda warning. The 5th Circuit said Murta’s interview wasn’t like that, and his questioning was “bland, non-accusatory, and cooperative in tone throughout”. Murta was extradited to Houston in July 2021 and faces trial there.

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Biden Announces New District Court Picks In 3 States

President Joe Biden has announced four new district court nominees for upcoming vacancies in Illinois, Maryland, and Louisiana. These nominees include two magistrate judges, a veteran prosecutor, and a private practice attorney. This news is breaking from Law360: Competition.

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Latest AI ChatGPT Successor GPT-4 Proffers Both Legal Promise and Legal Perils

The new GPT-4 has been released to much anticipation, as it is the successor to ChatGPT. Its potential to provide legal assistance to lawyers has been widely publicized, but it is also important to consider the legal risks associated with its use. As such, a careful analysis of the tradeoffs is needed to create a comprehensive picture of the technology.

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