Latest Publications

Share:

Strategies For Navigating Compliance Monitorships

The imposition of an independent compliance monitor continues to be a favored tool of the government in resolving corporate enforcement matters. Indeed, in 2022, both the U.S. Department of Justice and the U.S. Securities...more

DOJ Announces Significant Guidance on Compliance, Compensation, Communications and Cooperation

On March 3, 2023, as part of the rollout of several updates to its guidance on corporate compliance programs, the Department of Justice (DOJ) released a new policy aimed at incentivizing compliance-driven compensation and...more

Global Anti-Bribery Year-in-Review: 2022 Developments and Predictions for 2023

While Foreign Corrupt Practices Act (FCPA) enforcement activity has not come close to returning to the heights seen a few years ago, 2022 reflected significant increases from the prior year in both the number of cases against...more

The Corporate Crime Advisory Group Has Spoken: DOJ Revises Corporate Criminal Enforcement Policies

On September 15, 2022, the Department of Justice (Department) released a memorandum revising several key aspects of its corporate criminal enforcement policies. The new policy, titled Further Revisions to Corporate Criminal...more

Second Circuit Limits Reach of FCPA’s Anti-Bribery Provisions Charged Under Agency Principles

On August 12, 2022, the US Court of Appeals for the Second Circuit issued another decision in a long-running criminal action that holds significant implications for the reach of the US Foreign Corrupt Practices Act (FCPA)...more

2021 Global Anti-Bribery Year-in-Review

In 2021, the number of publicly resolved Foreign Corrupt Practices Act (FCPA) cases was relatively low compared with previous years, but there were numerous interesting developments, and enforcement activity going forward...more

Biden Administration Releases United States Strategy on Countering Corruption

On December 6, 2021, the Biden Administration released the United States Strategy on Countering Corruption (“Strategy”), the first of its kind. This Strategy reaffirms the Biden Administration’s focus on the fight against...more

Global Anti-Bribery Year-in-Review: 2020 Developments and Predictions for 2021

As was true in many areas of the law, Foreign Corrupt Practices Act (FCPA) enforcement in 2020 - and anti-corruption enforcement more generally - was affected by the COVID-19 pandemic, but perhaps not as much as was initially...more

Extractive Issuer Disclosures - Understanding the SEC's New Rule

On December 16, 2020, the Securities and Exchange Commission (SEC) voted to approve a Final Rule requiring companies to annually disclose information about payments they made to the U.S. government or any foreign government...more

Investigations in the Time of Coronavirus: Conducting FCPA Investigations during the Pandemic

Latin America has been especially hard hit in recent months by the ongoing COVID-19 pandemic. The resulting travel restrictions, physical safety precautions and public health concerns have created uncertainty for many...more

DOJ and SEC Release Second Edition of the FCPA Resource Guide

On July 3, 2020, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released the second edition of the Resource Guide to the U.S. Foreign Corrupt Practices Act (2020 Guide), the first update to...more

DOJ Issues Further Guidance on Evaluation of Corporate Compliance Programs

On June 1, 2020, Assistant Attorney General for the Criminal Division, Brian A. Benczkowski, announced changes to the U.S. Department of Justice’s (“DOJ”) Evaluation of Corporate Compliance Programs (“2020 Guidance”), the...more

FCPA Litigation Update: DOJ Theories on Unit of Prosecution and Agency Tested, to Mixed Results

Two recent rulings in separate foreign bribery cases highlight the continued impact of individual prosecutions on the interpretation of various provisions of the Foreign Corrupt Practices Act (FCPA). In United States v....more

Airbus to Pay Record $4 Billion to Settle Global Bribery Scheme

On January 31, 2020, the Department of Justice (“DOJ”) agreed to resolve allegations that Airbus SE (“Airbus”), a France-based aerospace company, used third-party business partners to bribe government officials and airline...more

Juniper FCPA Settlement Provides Useful Compliance Reminders

On August 29, 2019, the Securities and Exchange Commission (“Commission” or “SEC”) agreed to resolve an enforcement action against Juniper Networks, Inc. (“Juniper” or the “Company”), a Silicon Valley-based cybersecurity and...more

DOJ Issues Updated Guidance on Evaluation of Corporate Compliance Programs

On April 30, 2019, the Assistant Attorney General for the Criminal Division, Brian A. Benczkowski, announced an update to the Department of Justice’s (“DOJ”) 2017 guidance document entitled Evaluation of Corporate Compliance...more

DOJ Announces New Policy on Assessing the Need for and Selection of Corporate Monitors

On October 12, 2018 in remarks made at the NYU School of Law Program on Corporate Compliance and Enforcement’s Conference on Achieving Effective Compliance, Assistant Attorney General for the U.S. Department of Justice...more

Second Circuit Limits Government's Ability to Prosecute Foreign Persons and Companies for Conspiracy to Violate the FCPA

On August 24, 2018, the United States Court of Appeals for the Second Circuit issued a significant ruling regarding the reach of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign companies and individuals in United...more

SEC Settles Enforcement Action Against Beam Suntory for Improper Payments by Its Foreign Subsidiary

On July 2, 2018, the Securities and Exchange Commission (Commission or SEC) settled an enforcement action against Beam Suntory Inc. (Beam), a worldwide beverage maker and distributor, over alleged violations of the Foreign...more

New DOJ Policy to Prevent Piling On

On May 9, 2018, Deputy Attorney General Rod J. Rosenstein introduced a new Department of Justice (DOJ) Policy on Coordination of Corporate Resolution Penalties (the Policy) while speaking at the New York City Bar White Collar...more

DOJ Announces New FCPA Corporate Enforcement Policy

On November 29, 2017, “[d]ue to the unique issues presented in FCPA matters,” Deputy Attorney General Rod Rosenstein announced a new FCPA corporate enforcement policy published in a revision to the United States Attorneys'...more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide