Mark L. Krotoski is a partner with Morgan Lewis in Silicon Valley. He represents and advises clients on antitrust cartel investigations; cybersecurity and privacy matters; trade secret, economic espionage, fraud, and foreign corrupt practices cases; and government investigations. With nearly 20 years of experience as a federal prosecutor and a leader in the US Department of Justice (DOJ), Mark provides clients with a unique blend of litigation and investigative experience. He has tried 20 cases to verdict and successfully argued appeals before the US Court of Appeals for the Ninth and Sixth Circuits.
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The US Department of Justice (DOJ) Antitrust Division announced significant guidance updates to its leniency program on April 4, 2022. Under the program, companies that self-report antitrust conspiratorial activity to the government (and then fully cooperate with the government in its (...)
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A federal grand jury in Texas indicted the owner of a therapist staffing company on wage-fixing charges on December 9. Although this is the US Department of Justice’s first criminal wage-fixing prosecution, the indictment underscores that enforcement agencies remain focused on policing these (...)
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The Criminal Antitrust Anti-Retaliation Act establishes new federal protections for whistleblowers who report violations of antitrust laws. This may impact enforcement efforts and litigation on labor mobility issues, including no-poaching and wage-fixing agreements. Companies can prepare for (...)
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The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor market. Here are some issues and factors that businesses should consider to (...)
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Korean national Eun Soo Kim, a former key accounts manager for an automotive parts company, pled guilty on March 3 in the US District Court for the Northern District of Georgia to conspiring to rig bids and allocate market for instrument panel clusters to automobile producers. Kim admitted (...)
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Dutch national Maria Christina “Meta” Ullings was extradited from Italy to the United States on January 10. Ullings previously served as the senior vice president of cargo sales and marketing for Martinair N.V. (Martinair Cargo). On September 21, 2010, Ullings was originally charged in a (...)
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The US Department of Justice (DOJ) on November 5 announced the formation of the Procurement Collusion Strike Force (PCSF). This interagency initiative will “lead a coordinated national response to combat antitrust crimes and related schemes in government procurement, grant, and program funding (...)
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The US Senate on October 17 unanimously passed S. 2258, the Criminal Antitrust Anti-Retaliation Act of 2019 (the Bill). The Bill, if enacted, would amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, and establish new whistleblower protections for employees, contractors, (...)
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A recent criminal sentencing concludes the first prosecution by the US Department of Justice Antitrust Division involving a computer-algorithm-based pricing conspiracy. Two corporate executives and a corporation were prosecuted in the investigation. The case also highlights some of the (...)
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Five foreign executives have been extradited and convicted since 2010, reinforcing the Division’s continued emphasis on extradition in recent years. On March 13, 2017, the Antitrust Division (Antitrust Division) of the US Department of Justice (DOJ) convicted its fifth foreign executive who (...)
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The DOJ will now treat wage-fixing and no-poaching agreements criminally. On October 20, the US Department of Justice (DOJ) and Federal Trade Commission (FTC) issued guidance (the Guidance) signaling that they will bring enforcement actions for wage-fixing and no-poaching agreements under (...)
