On September 26, 2016, the Second Circuit U.S. Court of Appeals threw out a 2015 antitrust decision against American Express Company.1 The decision is the latest development in a five-year saga between the U.S. Department of Justice and seventeen individual states against Amex for its “nondiscrimination provisions,” or NDPs, which are contractual provisions that prohibit…
Tag: Department of Justice
Implications of Department of Justice’s New Guidelines for White Collar Investigations
Earlier this month, the Justice Department issued a memo setting forth a new set of guidelines for white-collar civil and criminal investigations, signaling a new departmental focus on individual employees in the white-collar context.1 Aiming to “ease some barriers” to the investigation and prosecution of individual employees, the new guidelines codify Department priorities and establish…