Morrison & Foerster partner Lisa Phelan spoke to the Financial Times about criminal prosecutions for price-fixing under the Trump administration, which have remained at historic lows for a third consecutive year.
“The more and longer DOJ does not look to be aggressively prosecuting, the less incentive there is to rush in for leniency,” Lisa said, suggesting that the prolonged downturn in prosecutions will further tilt the balance away from companies coming forward to disclose wrongdoing.