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Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process

In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the...more

7/21/2014 - CFIUS Due Process Fifth Amendment Foreign Investment

United States Imposes New Sanctions and Export Restrictions Against Russian Banks, Companies, and Individuals

On July 16, the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC) imposed new sanctions against Russia, which target the country’s financial, energy and defense sectors. In a parallel action, the U.S....more

7/21/2014 - Banking Sector Banks BIS Defense Sector Energy Sector OFAC Russia Sanctions SDN List U.S. Commerce Department U.S. Treasury Ukraine

Starving the Bear: The United States Restricts Exports to Russia

The pressure on Russia continues to build. As we previously reported here and here, throughout March, the United States and other Western powers implemented a series of sanctions against individuals and entities deemed to be...more

4/7/2014 - Russia Sanctions Ukraine

Tech Company Shares Tech, Makes Self-Disclosure, Pays Penalty

On February 19, 2014, the U.S. Commerce Department announced that it had reached an agreement with Santa Clara-based Intevac, Inc. to settle allegations that Intevac violated U.S. export regulations governing exports of...more

4/4/2014 - Export Administration Regulations Russia Technology Transfers Voluntary Disclosure

Crimea River: U.S. Rushes to Impose Sanctions

The situation with respect to U.S. sanctions related to Russia and Ukraine is evolving rapidly. As we previously reported, on March 6, 2014, President Obama issued Executive Order 13660, which authorized the blocking of...more

3/26/2014 - Foreign Policy Russia Sanctions Ukraine

Census Changes Foreign Trade Regulations: New Filing Requirements

On Thursday, March 14, the Census Bureau published a final rule (available here) implementing changes to the Foreign Trade Regulations (FTR), 15 C.F.R. Part 30. The final rule includes long-awaited revisions to the...more

4/3/2013 - Automated Export System Census Bureau Exports Foreign Trade Regulations Imports Option 4 Filing

Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the FCPA

A New York federal district court judge has dismissed a Foreign Corrupt Practices Act (“FCPA”) claim against a former executive of Siemens, S.A. Argentina and Siemens Transportation Systems for lack of personal jurisdiction. ...more

3/11/2013 - DOJ FCPA Minimum Contacts Personal Jurisdiction SEC Siemens

Is China Getting Serious or Redirecting Responsibility? New guidance on Chinese Anti-Bribery Enforcement

For years, a significant number of Foreign Corrupt Practices Act (FCPA) enforcement actions have focused on or involved the People’s Republic of China (PRC), Chinese subsidiaries, or Chinese officials. It is hard to avoid...more

2/21/2013 - Anti-Bribery China Corruption Perceptions Index Enforcement FCPA

Smaller FCPA Story But We’re Sure You’re Following It: DOJ Issues New Opinion Procedure Releases

While the FCPA world – and this blog – has been abuzz thanks to the new FCPA Guide, on a relatively mundane note, the U.S. Department of Justice (DOJ) also recently issued two Opinion Procedure Releases (OPRs) with respect to...more

12/6/2012 - Compliance DOJ FCPA Foreign Official

What’s In the New FCPA Resource Guide: Some Welcome Clarity and Unexpected Muddling

Much has been said about what is missing from the new FCPA Resource Guide (the Guide) published by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). Here, we consider instead the areas in...more

12/6/2012 - Compliance DOJ FCPA FCPA Resource Guide SEC

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