Justice Department Issues Guidance On The Use Of Arbitration And Launches Small Business Help Center

The Antitrust Division of the Department of Justice announced the publication of two new resources on its website today. 

First, the division issued updated and supplemental guidance on the use of arbitration, which includes case selection criteria to help identify Antitrust Division cases that would benefit from the application of arbitration.  This guidance reflects the Antitrust Division’s experience using arbitration to resolve a civil antitrust lawsuit challenging Novelis’s proposed merger with Aleris Corporation.  The updated document also contains guidance regarding the arbitration agreement, the decision whether to file a complaint in federal district court before the matter is referred to arbitration, arbitrator selection, arbitrator compensation and cost shifting, and the training of Antitrust Division staff on the use of arbitration.

Second, the division launched a new web resource to provide targeted antitrust information and guidance to small business owners. The new “Antitrust and Your Small Business” section of the division’s website contains user-friendly guidance and links to DOJ materials on antitrust “hot topics” relevant to small businesses, including tips on identifying potential anticompetitive conduct that harms small businesses, tips on avoiding and reporting criminal antitrust violations, requirements for applying to the criminal leniency program, tips on avoiding antitrust issues related to hiring and management, materials on COVID-19 and disaster relief, guidance on information sharing and trade associations, and more.

“Earlier this year, the Division prevailed in the first-of-its-kind arbitration of a merger challenge.  The new guidance crystallizes our learning from that case and outlines how that learning may be applied to future matters,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “Additionally, I am gratified that we are addressing the needs of small businesses in a targeted way.  As we have repeatedly said, the antitrust laws are not solely applicable to the biggest businesses, but are meant to protect consumers, workers, and small businesses as well. Given these unprecedented times and the increased visibility of antitrust in the business community, the Antitrust Division hopes these resource pages will help small business owners better understand what the antitrust laws are, examples of conduct they prohibit, and ways to report potential violations.”

The arbitration guidance is available on the Antitrust Division’s website (https://www.justice.gov/atr/page/file/1336516/download) and will be published in the Federal Register.

The Antitrust Issues and Your Small Business resource pages can be accessed at www.justice.gov/atr/antitrust-issues-and-your-small-business.

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    What GAO Found The Department of the Interior's (Interior) Bureau of Safety and Environmental Enforcement (BSEE) does not have a robust oversight process for ensuring the integrity of approximately 8,600 miles of active offshore oil and gas pipelines located on the seafloor of the Gulf of Mexico. Specifically, BSEE does not generally conduct or require any subsea inspections of active pipelines. Instead, the bureau relies on monthly surface observations and pressure sensors to detect leaks. However, officials told us that these methods and technologies are not always reliable for detecting ruptures. In response to a pair of significant oil leaks in 2016 and 2017, BSEE partnered with industry to improve subsea leak detection, but the technologies identified remain relatively new and cannot be retrofitted to a majority of pipelines. According to BSEE, the bureau's regulations are outdated and do not address how pipelines should be inspected, the complexities of deep water pipeline operations, and changes in technological standards. BSEE has long recognized the need to improve its pipeline regulations, and in 2007 issued a proposed rule that cited the need to enhance safety and protect the environment, but this effort stalled. The 2007 proposed rule addressed offshore pipeline integrity, including new requirements regarding pipeline inspection and subsea leak detection technologies. Since 2013, BSEE has noted plans to update its pipeline regulations but has made limited progress in the interim. Without taking actions to develop, finalize, and implement updated regulations to address identified oversight gaps, BSEE will continue to be limited in its ability to ensure the integrity of active pipelines. BSEE does not have a robust process to address the environmental and safety risks posed by leaving decommissioned pipelines in place on the seafloor due to the cumulative effects of oversight gaps before, during, and after the decommissioning process. First, BSEE does not thoroughly account for such risks during the review of decommissioning applications. This has contributed to BSEE and its predecessors authorizing industry to leave over 97 percent (about 18,000 miles) of all decommissioned pipeline mileage on the Gulf of Mexico seafloor since the 1960s. Generally, pipelines must be removed from the seafloor. BSEE, however, may allow pipelines to be decommissioned-in-place if certain criteria are met. Such a high rate of approval indicates that this is not an exception, however, but rather that decommissioning-in-place has been the norm for decades. Second, BSEE does not ensure that operators meet decommissioning standards, such as cleaning pipelines, because they do not observe any pipeline decommissioning activities, inspect pipelines after their decommissioning, or verify most of the pipeline decommissioning evidence submitted. Third, BSEE does not monitor the condition and location of pipelines following their decommissioning-in-place, which reduces its ability to mitigate any long-term risks, such as pipeline exposure or movement. Additionally, if pipelines decommissioned-in-place are later found to pose risks, there is no funding source for removal. As discussed above, BSEE has made limited progress in updating what it acknowledges are outdated pipeline regulations. Without taking actions to develop, finalize, and implement updated pipeline regulations, BSEE will continue to be limited in its ability to ensure that its pipeline decommissioning process addresses environmental and safety risks. Why GAO Did This Study The offshore oil and gas industry has installed approximately 40,000 miles of oil and gas pipelines in federal offshore waters since the 1940s. BSEE is responsible for enforcing standards and regulations for oil and gas operations—including the oversight of active pipelines and their decommissioning—to enhance environmental protection and safety. As pipelines age, they are more susceptible to damage from corrosion, mudslides, and seafloor erosion, which can result in leakage of oil and gas into the ocean. Additionally, hurricanes can move pipelines extensive distances, which may damage subsea habitat, impede access to sediment resources, and create navigational and trawling hazards. GAO was asked to review BSEE's management of offshore oil and gas pipelines. This report examines BSEE's processes for (1) ensuring active pipeline integrity and (2) addressing safety and environmental risks posed by decommissioning. GAO reviewed regulations, procedures, and other documents and data related to BSEE's pipeline management processes. GAO also interviewed BSEE officials and those from other agencies with offshore responsibilities.
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  • Brooklyn Man Pleads Guilty in Manhattan Federal Court to Attempting to Provide Material Support to ISIS
    In Crime News
    The Department of Justice announced that Zachary Clark, a/k/a “Umar Kabir,” a/k/a “Umar Shishani,” a/k/a “Abu Talha,” pleaded guilty to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS). Clark pled guilty today in Manhattan federal court before U.S. District Judge Naomi Reice Buchwald. Judge Buchwald is scheduled to sentence Clark on Feb. 9, 2021, at 12:00 p.m.
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  • Higher Education: Department of Education Should Further Assess College Access Grant Programs
    In U.S GAO News
    Why This Matters The Department of Education gives grants to schools and organizations that provide disadvantaged students with services to help them attend college. These eight grant programs are collectively known as “TRIO”, named for the original three programs. Congress provides over $1 billion each year to these programs, but Education could do more to understand how well these grants work to help students. Key Takeaways Education could improve the information it has about TRIO programs in two areas: (1) grantee performance data, and (2) program assessments. Schools and organizations report data to Education to show how the TRIO grants they receive have been working. For example, organizations that receive grants to encourage students to complete college report on the numbers and percentages of students who received services and earned degrees.  Education evaluates grantees’ performance using the self-reported data, but has done little to verify the data. Accurate performance data are important because returning grantees can earn points for past performance in the next grant competition—increasing the likelihood that they will receive new grants. Almost 80 percent of recent TRIO grants went to returning grantees.  Therefore, grantees may have an incentive to report a more positive picture than warranted. Officials from an organization representing TRIO grantees told us there is a risk that some grantees may report inaccurate information.  As for assessing the individual TRIO programs, studies of some programs are outdated. In addition, Education has never assessed the effectiveness of three of the seven TRIO programs that serve students, and did not have any new assessments planned as of August 2020. How GAO Did This Study We analyzed data from Education about TRIO grantees and applicants. We also reviewed relevant federal laws and regulations and agency documents, and interviewed Education officials and other TRIO stakeholders. Education should take additional steps to ensure the reliability of grantees' performance data and develop a plan for assessing the effectiveness of the TRIO programs that serve students. Education generally agreed with our recommendations. For more information, contact Melissa Emrey-Arras at (617) 788-0534 or emreyarrasm@gao.gov.
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  • Justice Department Settles with Private School to Ensure Compliance with the ADA
    In Crime News
    The Justice Department today reached a settlement agreement with Ridgewood Preparatory School (Ridgewood) to ensure that students with disabilities are not discriminated against in the full and equal enjoyment of Ridgewood’s services and facilities. Ridgewood is a private, nonsectarian school in Metairie, Louisiana, that provides education to children in pre-kindergarten to twelfth grade.  
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  • Deutsche Bank Agrees to Pay over $130 Million to Resolve Foreign Corrupt Practices Act and Fraud Case
    In Crime News
    Deutsche Bank Aktiengesellschaft (Deutsche Bank or the Company) has agreed to pay more than $130 million to resolve the government’s investigation into violations of the Foreign Corrupt Practices Act (FCPA) and a separate investigation into a commodities fraud scheme.
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  • Priority Open Recommendations: Nuclear Regulatory Commission
    In U.S GAO News
    What GAO Found In April 2020, GAO identified seven priority recommendations for the Nuclear Regulatory Commission (NRC). Since then, NRC implemented one of these recommendations by issuing a risk management strategy that addresses key elements foundational to effectively managing cybersecurity risks. The remaining six priority recommendations involve the following areas: addressing the security of radiological sources. improving the reliability of cost estimates. improving strategic human capital management. NRC's continued attention to these issues could lead to significant improvements in government operations. Why GAO Did This Study Priority open recommendations are the GAO recommendations that warrant priority attention from heads of key departments or agencies because their implementation could save large amounts of money; improve congressional and/or executive branch decision-making on major issues; eliminate mismanagement, fraud, and abuse; or ensure that programs comply with laws and funds are legally spent, among other benefits. Since 2015, GAO has sent letters to selected agencies to highlight the importance of implementing such recommendations. For more information, contact Mark Gaffigan at (202) 512-3841 or gaffiganm@gao.gov.
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  • Former Foreign Exchange Trader Sentenced To Prison For Price Fixing And Bid Rigging
    In Crime News
    Akshay Aiyer, a former currency trader at a major multinational bank, was sentenced to serve eight months in jail and ordered to pay a $150,000 criminal fine for his participation in an antitrust conspiracy to manipulate prices for emerging market currencies in the global foreign currency exchange (FX) market, the Justice Department announced today.
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  • Justice Department Again to Monitor Compliance with the Federal Voting Rights Laws on Election Day
    In Crime News
    The Justice Department today announced its plans for voting rights monitoring in jurisdictions around the country for the Nov. 3, 2020 general election. The Justice Department historically has monitored in jurisdictions in the field on election day, and is again doing so this year. The department will also take complaints from the public nationwide regarding possible violations of the federal voting rights laws through its call center.  
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  • Justice Department Releases $58 Million in Solicitations to Combat the Distribution of Illicit Drugs and Improve Officer Wellness
    In Crime News
    The Justice Department announced today that the Office of Community Oriented Policing Services (COPS Office) has released approximately $58 million in three grant solicitations that will advance community policing, help combat the dual scourges of opioid and methamphetamine use, and promote the health and safety of our nation’s law enforcement officers.
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  • Former Venezuelan Official Charged in Connection with International Bribery and Money Laundering Scheme
    In Crime News
    Charges were unsealed today against a former official at Citgo Petroleum Corporation, a Houston-based subsidiary of Venezuela’s state-owned and state-controlled energy company Petróleos de Venezuela S.A. (PDVSA).
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  • Final Adoption of the U.S. Universal Periodic Review
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  • Final Member of Violent Baltimore “Trained to Go” Gang Sentenced to More Than 11 Years in Federal Prison for Racketeering and Drug Conspiracies
    In Crime News
    A Baltimore, Maryland, man was sentenced today to 138 montjhs in federal prison, followed by five years of supervised release for federal charges of conspiring to participate in a violent racketeering enterprise known as Trained To Go (TTG), and for conspiracy to possess with intent to distribute controlled substances. 
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  • Secretary Blinken’s Call with Ecuadorian President-Elect Lasso
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  • Operation Legend: Case of the Day
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    An Indiana man has been charged with a federal firearm offense for allegedly illegally selling dozens of handguns and assault rifles in the Chicago area.
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  • Justice Department Reaches Proposed Consent Decree to Resolve Hampton Roads Regional Jail Investigation
    In Crime News
    Today, the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Virginia filed a complaint and a proposed consent decree with the Hampton Roads Regional Jail Authority.
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  • The Space Station’s Coolest Experiment Gets Astronaut-Assisted Upgrade
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  • Genetic Services: Information on Genetic Counselor and Medical Geneticist Workforces
    In U.S GAO News
    Genetic counselors and medical geneticists are two groups who typically work together to provide genetic services, such as genetic testing and counseling. Genetic counselors have at least a master's degree in genetic counseling and assess individuals or families with or at risk for genetic conditions, and provide counseling and education on test results. Medical geneticists are typically physicians who specialize in medical genetics and genomics, and provide comprehensive genetic services, ranging from diagnosis and interpretation of test results to the management and treatment of genetic conditions. GAO's analysis of data from the professional organizations representing this workforce shows the number of genetic counselors certified to provide genetic counseling services has nearly doubled since 2009, and is projected to continue growing. The data show there were approximately 4,700 certified genetics counselors in the United States in 2019. The data also show the number of new medical geneticists has increased modestly since 2009, and the total number certified in the United States was approximately 1,240 as of April 2020. There is no widely accepted measure for how many genetic counselors and medical geneticists should be available; however, representatives from professional organizations GAO interviewed stated that demand for genetic services is rising. Data from the professional organizations representing the genetic counselor and medical geneticist workforces, as well as data from the Census Bureau, also show the number of genetic counselors and medical geneticists varied across states. States averaged seven genetic counselors per 500,000 people in 2019 and two medical geneticists per 500,000 people in 2020. Genetic counselors and medical geneticists primarily practice in hospital settings. Distribution of Genetic Counselors by State, 2019 Advances in genetic technology and research have increased the amount of information available to individuals and providers, and may have increased the demand for genetic services. The medical genetics workforce—which includes genetic counselors and medical geneticists—plays an essential role in providing access to genetic services. Some studies have identified concerns with the size of the medical genetics workforce and its ability to meet the current and future demand for genetic services. A House Committee on Appropriations report included a provision for GAO to conduct an analysis of the medical genetics workforce. This report describes, among other objectives, what is known about changes in the size of the genetic counselor and medical geneticist workforces; and what is known about the geographic distribution of these workforces. GAO reviewed relevant studies of the genetic counselor and medical geneticist workforces; interviewed agency officials and professional organizations representing each workforce; and analyzed the most recent available data on the size and distribution of each workforce in the United States, as well as population data from the Census Bureau. GAO provided a draft of this report to the Department of Health and Human Services and the Department of Labor. The Department of Health and Human Services provided technical comments, which GAO incorporated as appropriate. For more information, contact James Cosgrove at (202) 512-7114 or CosgroveJ@gao.gov.
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  • Wife of “El Chapo” Arrested on International Drug Trafficking Charges
    In Crime News
    The wife of Joaquin “El Chapo” Guzman Loera, leader of a Mexican drug trafficking organization known as the Sinaloa Cartel, was arrested today in Virginia on charges related to her alleged involvement in international drug trafficking.
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  • Request for Statements of Interest: DRL FY20 Iraq Programs
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  • Indiana Man Pleads Guilty to Hate Crime for Making Racially-Charged Motivated Threats Toward Black Neighbor and to Unlawful Possession of Firearms
    In Crime News
    The Justice Department announced today that Shepherd Hoehn, 51, pleaded guilty in federal court to making threats to intimidate and interfere with his neighbor, who is Black, because of the neighbor’s race and because the neighbor was exercising his right to fair housing, in violation of 42 U.S.C. § 3631. Hoehn also pleaded guilty to unlawfully possessing firearms, in violation of 18 U.S.C. § 922(g).
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  • Peter Fay, One of Three Judges in Florida Who Served 50 Years, Dies at 92
    In U.S Courts
    Peter T. Fay, one of three federal judges from Florida who each served more than 50 years after being confirmed the same day in 1970, died Sunday in Miami at the age of 92.
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  • Justice Department Awards Nearly $101 Million to Combat Human Trafficking
    In Crime News
    The Department of Justice today announced it has awarded nearly $101 million, through the department’s Office of Justice Programs (OJP) in funding to combat human trafficking and provide vital services to trafficking victims throughout the United States.
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  • U.S. Attorney Transition Begins
    In Crime News
    Continuing the practice of new administrations, President Biden and the Department of Justice have begun the transition process for the U.S. Attorneys.
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  • Assistant Attorney General John C. Demers Delivers Remarks on the National Security Cyber Investigation into North Korean Operatives
    In Crime News
    Today, the Justice Department is announcing charges following a significant national security cyber investigation first disclosed publicly more than two years ago.
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  • International Competition Network Addresses Enforcement And Policy Challenges of the Digital Economy at United States-Hosted 19th Annual Conference
    In Crime News
    The International Competition Network (ICN) held its 19th annual conference on September 14-17, 2020.  Co-hosted by the Antitrust Division and the Federal Trade Commission (FTC), the conference was the ICN’s first virtual conference.  
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  • Attorney General Merrick B. Garland’s Statement on Missing and Murdered Indigenous Persons Awareness Day
    In Crime News
    Attorney General Merrick B. Garland issued the following statement:
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  • Statement by Deputy Attorney General Jeffrey A. Rosen on the 20th Anniversary of the Enactment of the Trafficking Victims Protection Act of 2000
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  • Michigan Man Indicted for Hate Crimes After Attacking African-American Teenagers
    In Crime News
    The Justice Department announced today that Lee Mouat, 42, has been indicted for federal hate crimes. Mouat is charged with two counts of violating 18 U.S.C. § 249 by willfully causing bodily injury to a Black teenager and attempting to cause bodily injury to another Black teenager, through the use of a dangerous weapon, because of the teenagers’ race. Mouat was previously charged with the former count by criminal complaint in federal district court on Oct. 13, 2020.
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  • Providing Humanitarian Assistance to Support the Vice President’s Leadership in Addressing Migration Challenges in Central America 
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