Annette Ebright

Annette Ebright

Parker Poe Adams & Bernstein LLP

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Latest Publications


Employers Should Review Work Authorization Procedures

Given increasing federal attention to the issues of immigration and authorization to work, let’s do a quick “check in” on your new hire procedures: A new version of the Form I-9 became mandatory on January 22, 2017. ...more

2/28/2017 - E-Verify Employment Authorization Documents (EAD) Hiring & Firing I-9 Immigration Enforcement

U.S. Supreme Court Rules in Favor of Implied Certification Using a Fact-Intensive Materiality Standard

The legal landscape for False Claim Act (“FCA”) cases recently shifted when the United States Supreme Court announced its decision in Universal Health Services, Inc. v. U.S. ex rel Escobar, No. 15-7, 2016 WL 3317565 (U.S....more

7/20/2016 - Conditions of Payment False Claims Act (FCA) False Implied Certification Theory Health Care Providers Implied Certification Materiality Relators Scienter SCOTUS Universal Health Services Inc v United States ex rel Escobar

The High Stakes Poker of Playing Fast and Loose with Federal Laws and Regulations Just Got More High Stakes: US Civil Penalties...

Though corporate compliance programs can be expensive, companies that fail to implement such programs are about to double down on their gamble as a result of a newly imposed increase in civil fines. Prior to this increase,...more

7/11/2016 - Bipartisan Budget Act Civil Monetary Penalty Corporate Misconduct Data Security Employee Training Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Policies and Procedures Risk Assessment

The New US Sanctions Against North Korea: Dr. Evil's Got Nothing on Kim Jong-un

Although poor, out-of-touch Dr. Evil of the Austin Powers series had to resort to the threat of using a giant laser beam to decimate various cities to try to obtain his one million billion dollars in ransom, Kim Jong-un1...more

6/10/2016 - Banking Sector China Cyber Crimes Economic Sanctions Money Laundering North Korea SWIFT UN Security Council WMD

Is Confession Good for the Corporate Soul?: DOJ announces new mitigation credit for self-disclosure of FCPA violations

On April 5, 2016, the Department of Justice’s (“DOJ”) Fraud Section Chief, Andrew Weissmann, issued a memo (the “Weissmann Memorandum”) announcing a one-year Pilot Program that offers a carrot and stick approach to...more

4/11/2016 - Bribery Compliance Cooperation Corporate Misconduct Criminal Prosecution Declination DOJ FCPA Federal Pilot Programs Federal Sentencing Guidelines Individual Accountability Internal Investigations Remediation Self-Disclosure Requirements Voluntary Disclosure White Collar Crimes

Avoiding the “Al Capone” version of an FCPA enforcement action—Are your internal controls in order?

Notorious gangster Al Capone likely was guilty of numerous crimes, including bootlegging, maintaining a house of prostitution, bribery, racketeering and multiple counts of murder. Yet he was never convicted of those crimes. ...more

4/11/2016 - Books & Records Bribery Compliance DOJ Enforcement Actions FCPA Foreign Official Individual Accountability Internal Controls SEC Yates Memorandum

Trading with Cuba: Too soon to mix up the Cuba Libres?

Now that the Obama administration has loosened its restrictions on Cuba, you’re ready to sell your widgets to a Havana factory, right? Not so fast! Although you may be able to do some things in or with Cuba that you couldn’t...more

10/5/2015 - Cuba Economic Development Embargo Export Controls Exports Imports Multinationals Obama Administration OFAC Sanctions Vessels

US Export Laws Can Apply to Foreign Affiliates

Watch out! Recent enforcement actions illustrate that the US export laws apply to foreign companies too (including your foreign subsidiary or parent). The US Bureau of Industry and Security (“BIS”) recently announced a...more

9/17/2014 - Corporate Counsel Enforcement Enforcement Actions Exports Foreign Affiliates Foreign Corporations

Protecting Internal Investigations from Disclosure: Suggested Best Practices

A recent case out of the D.C. Circuit highlights some best practices that can boost the odds that the attorney-client and work product protections will shield internal investigation records. Although not precedential outside...more

9/9/2014 - Attorney-Client Privilege Barko v Halliburton Best Management Practices Corporate Counsel Halliburton Internal Investigations

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