Morrison Foerster Partner Lisa Phelan on Corporate Leniency and Whistleblower Rewards in Antitrust Cases

Lisa Phelan spoke to Corporate Crime Reporter about the Department of Justice's (DOJ) antitrust corporate leniency program, which she played a part in creating during her 25 years in the antitrust division at DOJ. She discussed how, prior to the leniency program, "it could be very challenging to prove a criminal antitrust case because it requires that you have employees rat out their bosses. When that person’s livelihood depends on their job, it can be very challenging to get anyone to come forward or admit what was going on.” 

Lisa also discussed DOJ's new corporate whistleblower program, stating, "This whistleblower program is intended to reach individual employees, not necessarily top executives, but someone in the company who is aware of the conduct, or a former employee who has not left. The idea is to motivate a different set of players with different incentives to come forward.”

Read the full interview.