John F. Libby

John F. Libby

Manatt, Phelps & Phillips, LLP

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Latest Publications


Corporate Investigations & White Collar Defense - June 2015

The Unfolding FIFA Scandal: Will the DOJ Show the Banks a Red Card? - Why it matters: The worldwide soccer community has for years decried the brazen corruption that permeated FIFA, international soccer’s governing...more

7/1/2015 - Attorney-Client Privilege Banks Bribery Compliance DOJ Due Process Enforcement Enforcement Actions False Claims Act (FCA) FCPA Fiduciary Duty FIFA Financial Institutions Lululemon Money Laundering Popular Racketeering SEC Soccer Wal-Mart Wire Fraud

Corporate Investigations & White Collar Defense - April 2015

It’s Stifling in Here! SEC Rules That Companies Can’t Put Restrictive Language in Confidentiality Agreements That Could Potentially Stifle Whistleblowers - Why it matters: On April 1, 2015, the SEC announced its...more

4/22/2015 - Confidentiality Agreements Employer Liability Issues Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) Material Misstatements Omnicare v Laborers District Council Registration Statement Rule 21F SCOTUS SEC Section 11 Securities Act of 1933 Whistleblower Protection Policies

Operation Chokepoint Yields Deals With Two California Banks

Why it matters - A pair of settlements between the Department of Justice (DOJ) and two California banks recently demonstrated that Operation Chokepoint is alive and well. CommerceWest Bank agreed to pay $4.9 million to...more

4/1/2015 - Bank Secrecy Act Banks Choke Point DOJ Enforcement Actions FIRREA

Corporate Investigations & White Collar Defense - March 2015

The SEC’s Settlement with Goodyear: A Cautionary Tale - Why it matters: In a settlement announced on February 24, 2015, the SEC found Goodyear to be in violation of the FCPA in connection with bribes paid by two...more

3/20/2015 - Bank Secrecy Act Bribery Choke Point Commerzbank DOL Enforcement Actions FCPA Foreign Subsidiaries Goodyear Pharmaceutical Industry RICO SEC TPPPs

BSA Compliance Fails, Go to Jail: A New Challenge for Directors and Officers of Financial Institutions

For many years the government has encouraged directors and officers of corporations to ensure that they have robust compliance programs to detect and prevent violations of law. This is especially important in regulated...more

3/28/2013 - Anti-Money Laundering Bank Secrecy Act Compliance Deferred Prosecution Agreements DOJ

Confidential Investigations of Bank Activities

Scenario: In the course of a safety and soundness examination, the bank examiners identify certain unusual transactions and bring the issue to the attention of management. Management, in turn, recognizing the potential...more

1/9/2013 - Audits Board of Directors Confidential Documents Disclosure Requirements Investigations

Officer Liability for Bank Losses: The Jury Speaks

Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more

12/12/2012 - D&O Insurance FDIC Loans Pay-for-Performance

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