Justin P. Murphy
Subscribe to Justin P. Murphy's PostsJustin P. Murphy is a partner in the firm’s Regulatory Practice Group. A former federal prosecutor, Justin counsels and represents corporate and individual clients involved in government enforcement of complex antitrust, fraud and all phases of white-collar criminal and related civil matters, including internal corporate investigations, False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA), e-discovery, data privacy, cybersecurity, securities enforcement, federal grand jury, inspector general investigations and trials and appeals. His focus in criminal antitrust investigations includes bid-rigging, price-fixing, procurement fraud, hiring practices and market allocation in a variety of industries.
DOJ Revamps Corporate Criminal Enforcement Policies with Continued Emphasis on Compliance
By Justin P. Murphy, Edward Diskant, Sarah Walters, Julian Andre, Paul M. Thompson, Michael Stanek, Ben Curtis and Caitlyn Campbell on Sep 19, 2022
Posted In DOJ Developments
At a September 15, 2022, speech at New York University School of Law, US Deputy Attorney General (Deputy AG) Lisa Monaco announced several new policies intended to further the aggressive stance the US Department of Justice (DOJ) has taken under the Biden administration to corporate criminal enforcement. The DOJ’s landmark new policies are focused on...
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Cartel Corner | August 2022
By Justin P. Murphy, Paul M. Thompson, Han Cui, Alexandra Lewis and Reese Poncia on Aug 31, 2022
Posted In Agriculture, Cartel Enforcement, Consumer Protection/Privacy, DOJ Developments, FTC Developments, Monopolization/Abuse of Dominance
Without question, 2022 has been a remarkably busy time for the US Department of Justice’s (DOJ’s) Antitrust Division (Division). Over just a few months, the Division rolled out meaningful revisions to its leniency policy aimed at encouraging prompt reporting of criminal violations, announced that it will (for the first time in nearly 50 years) bring...
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Views and Lessons from the Trenches of the First Criminal No-Poach Trial
By Jeffrey Stone, Justin P. Murphy and Daniel R. Campbell on Apr 22, 2022
Posted In DOJ Developments
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. The case was the first criminal trial of its kind in...
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Cartel Corner | March 2022
By Justin P. Murphy, Paul M. Thompson, Han Cui, Joshua W. Eastby, Anthony S. Ferrara, Alexandra Lewis and Reese Poncia on Mar 21, 2022
Posted In Agriculture, Cartel Enforcement, Consumer Protection/Privacy, DOJ Developments, FTC Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance
The US Department of Justice’s (DOJ) Antitrust Division (Division) has continued to actively investigate and pursue alleged criminal violations of antitrust laws and collusive activity in government procurement. US Attorney General Merrick Garland noted in a March 2022 speech at the ABA Institute on White Collar Crime that the Division ended last fiscal year “with...
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DOJ Antitrust Division Signals Impending Criminal Monopolization Cases
By Andrew Lee, Katharine M. O'Connor, Justin P. Murphy, Paul M. Thompson and Claire Danberg on Mar 11, 2022
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Monopolization/Abuse of Dominance
WHAT HAPPENED On March 2, 2022, the US Department of Justice (DOJ) Antitrust Division Deputy Assistant Attorney General Richard Powers revealed that the DOJ intends to investigate and pursue alleged criminal violations against individuals or companies who violate Section 2 of the Sherman Act. For more than 40 years, criminal enforcement of antitrust laws have...
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DOJ to Devote Substantial Resources to Investigating and Prosecuting Corporate Crime, Emphasizing Importance of Effective Compliance Programs
By Julian Andre, Justin P. Murphy, Sarah Walters, Edward Diskant, Paul M. Thompson and Ben Curtis on Mar 9, 2022
Posted In Cartel Enforcement, DOJ Developments
In March 3, 2022, speeches at the American Bar Association’s Annual National Institute on White Collar Crime (ABA White Collar Institute), US Attorney General (AG) Merrick Garland and US Assistant Attorney General for the Criminal Division (AAG) Kenneth Polite Jr. addressed the US Department of Justice’s (DOJ) increased commitment to investigating and prosecuting corporate crime....
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Former Government Contractor Executive Convicted of Procurement Fraud
By Justin P. Murphy and Lisa P. Rumin on Feb 2, 2022
Posted In DOJ Developments
On February 1, 2022, a federal jury found a former engineering firm executive guilty of conspiring to rig bids and defraud the North Carolina Department of Transportation (NCDOT) of hundreds of public works contracts worth more than $23 million. From at least 2009 through fall 2018, Brent Brewbaker was responsible for crafting and submitting bids...
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Government Contractor Pleads Guilty to Bid-Rigging and Procurement Fraud
By Justin P. Murphy and Lisa P. Rumin on Jun 25, 2021
Posted In Cartel Enforcement, DOJ Developments
On June 7, 2021, as part of the US Department of Justice’s (DOJ) continuing commitment to prosecuting cases where the government is a victim, a government contractor pleaded guilty to one count of bid-rigging and one count of conspiracy to commit mail and wire fraud in connection with the DOJ’s ongoing investigation into public works...
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Healthcare Antitrust Enforcement Outlook with Former DoJ Antitrust Prosecutor and Strike Force District Leader
By Justin P. Murphy and Brian Stimson on May 6, 2021
Posted In DOJ Developments, Healthcare Antitrust
A revitalized focus on antitrust in healthcare has increased healthcare companies’ concerns about their compliance status. On this episode of In the Trenches, Brian Stimson, McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), and Antitrust partner Justin Murphy, former trial lawyer...
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Expect More Criminal Enforcement & What You Can Do to Minimize Your Risk
By Justin P. Murphy and Alexandra Lewis on Apr 16, 2021
Posted In Cartel Enforcement, DOJ Developments
OVERVIEW Antitrust cartel and related collusive scheme enforcement is poised to increase. Several factors support this: (1) the Antitrust Division (the Division) has a 10% budget increase for Fiscal Year (FY) 2021; (2) proposed legislation that would increase its budget by $300 million; (3) Democratic administrations have traditionally been more aggressive in enforcing antitrust laws;...
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