DOJ’s Evolving Guidelines: Implications from Liberty Mutual’s FCPA Case

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox welcomes back Mike DeBernardis to discuss the recently released first Foreign Corrupt Practices Act (FCPA) enforcement action, a Declination involving Liberty Mutual Insurance Company.

Mike DeBernardis, partner at Hughes Hubbard & Reed, and Tom delve into the first FCPA enforcement action of 2025 involving Liberty Mutual. They discuss the nuances of self-disclosure during ongoing investigations, the challenges facing defense attorneys, and the expectations set by the new corporate enforcement policy. Key topics include proactive cooperation, dealing with deconfliction, and the importance of root cause analysis. The conversation provides valuable insights into how the Department of Justice communicates its expectations through enforcement actions and the evolving landscape of corporate compliance.

Key highlights:

Exploring the Liberty Mutual Case

Challenges of Early Self-Disclosure

Corporate Enforcement Policy Changes

Full and Proactive Cooperation

De-confliction in DOJ Investigations

Root Cause Analysis Importance

Social Media and Ephemeral Messaging

 Resources:

Hughes Hubbard & Reed website

Mike DeBernardis