Legally Operating a Medical Marijuana Business in California by Ashley C L Brown on 5/19/2012 Pursuant to California law, medical marijuana businesses legally are allowed to operate in the state. However, there are conflicts in the laws and confusion about what is and is not permitted. This article provides some...more
UK Bribery Act – There's a New Constable in Town by Pillsbury Winthrop Shaw Pittman LLP on 5/17/2012 Directorship of the UK Serious Fraud Office ("SFO") passed this month to David Green QC. Mr. Green joins the SFO from private practice, where he was a barrister specializing in serious crime. He also previously served as the...more
Championing the UK Bribery Act: The 2012 Olympic Games and Corporate Hospitality by McDermott Will & Emery on 5/17/2012 Since it came into force on 1 July 2011, the impact of the UK Bribery Act 2010 (the Act) on the giving of corporate hospitality, gifts and other expenses has raised concerns among those who fall under the Act’s jurisdiction. ...more
A Man Overboard Will Not Sink the Ship: How Robust FCPA Compliance Can Keep a Company Out of Hot Water Even When An Executive is... by Sheppard Mullin Richter & Hampton LLP on 5/17/2012 The story of one man prosecuted by the SEC and the DOJ for an FCPA violation may run a little below the radar these days, when allegations of bribery by manufacturing, retail, and entertainment companies plaster the...more
The Implications of the Laura Stevens Criminal Prosecution by Michael Volkov on 5/16/2012 I have spoken to several in-house counsel meetings about the Laura Stevens criminal case. It is amazing to me how many have not heard about the case or appreciates the implications for in-house counsel and especially global...more
Non-compliance with U.S. Anticorruption Law: Are you losing millions in company value? by Duane Morris LLP on 5/16/2012 Originally published in Asian-Mena Counsel- Volume 10 Issue 1, 2012 On a recent trip to Asia, I was asked by an Indian CEO, “Why does the application of U.S. law matter to an Asian company?” In my experience, many...more
Eight Questions Directors and Senior Management Should be Asking About Their Company’s Anticorruption Compliance Efforts by K&L Gates LLP on 5/16/2012 In the wake of continuing press reports about the role of bribery in international commerce, many corporate directors and senior executives are asking for a fresh look at their company’s exposure to the risks of violating the...more
Advice of Counsel: An Effective Shield by Michael Volkov on 5/14/2012 Companies hire lawyers for a reason. Hopefully, they do so for more than one reason. Lawyers provide several important benefits, contrary to all the jokes and ridicule against the profession. The attorney-client...more
SFC Looks to Enhance the Regulation of Sponsors in Hong Kong by Morrison & Foerster LLP on 5/11/2012 Potential Civil and Criminal Penalties under Consideration Against a background where Hong Kong has been the world’s leading IPO center for the third year in a row, the Hong Kong Securities and Futures Commission (SFC)...more
Red Flags And Compliance by Michael Volkov on 5/11/2012 Lawyers like to complicate issues and then solve them. It is how we stay in business. Lawyers have developed terms which are difficult to define (e.g. reasonable) and then sell themselves as the experts in applying these...more
Tampering with Documents in Connection with a Merger Investigation can Land You in Jail! by Sheppard Mullin Richter & Hampton LLP on 5/11/2012 One does not usually associate the possibility of criminal penalties with the Hart-Scott-Rodino Act premerger review process. However, on May 3, 2012, the U.S. Department of Justice ("DOJ") announced that an executive of a...more
Corporate Boards: Time to Step Up by Michael Volkov on 5/10/2012 Federal civil and criminal enforcement against companies is at an unprecedented level. I have repeated this over and over. In the face of this aggressive enforcement environment, it is time for corporate boards to step...more
Dewey Ex-Partner: Headhunters and Media Tanked the Firm [Video] by Bloomberg Law on 5/10/2012 May 10 (Bloomberg Law) -- Stuart Saft, the former head of the real estate group at Dewey & LeBoeuf, tells Bloomberg Law's Lee Pacchia that legal headhunters spread blog stories about the firm's financial problems to...more
Four To-Dos before Seeking Outside FCPA Help by Matteson Ellis on 5/10/2012 General Counsel and Internal Compliance Officers get approached regularly by outside FCPA service providers. Given so many options, companies that are ready to enhance their FCPA compliance programs often do not know where to...more
Morgan Stanley: Did the Justice Department Rollover? by Michael Volkov on 5/8/2012 You have to give the Justice Department credit – they are crafty and can be very politically astute. The Justice Department played a very subtle political game with the Morgan Stanley settlement. You have to give them...more