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
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
May 2012: White Collar Litigation Update: Going to Trial on FCPA Charges—The Percentage Play by Quinn Emanuel Urquhart & Sullivan, LLP on 5/16/2012 The DOJ’s Foreign Corrupt Practices Act (“FCPA”) trial woes continue. On February 21, a federal judge in Washington, D.C. dismissed the remaining sixteen defendants in a high-profile FCPA prosecution, criticizing the case as...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
REGULATORY: Global Competition Law: Pakistan’s Competition Commission grants Leniency in Electrical Products Cartel by Suzanne Rab by King & Spalding on 5/15/2012 In a landmark decision on 4 April 2012, Pakistan’s Competition Commission (CCP) granted Siemens total immunity from fines for its cooperation in a cartel investigation relating to bid rigging in supplies to power companies....more
Impacts of Criminal Procedural Law Amendments on Investigations of Bribery Cases by McDermott Will & Emery on 5/15/2012 In a recent landmark decision, China’s national legislature, the National People’s Congress, increased the protection of suspects’ legal rights and reinforced its efforts to punish bribery and other crimes. The decision will...more
A Practical Look at the Compliance Defense Proposals by Michael Volkov on 5/15/2012 A policy debate requires careful thought and practical evaluations. That is the case with the current flap involving the Chamber of Commerce’s push for reform. The Chamber of Commerce, for all its resources, and brilliant...more
Business Pushback against Brazil Foreign Bribery Bill by Matteson Ellis on 5/15/2012 In January 2012, FCPAméricas reported on how Brazil is currently considering an overhaul of its foreign bribery law. In March, we reported on how a special committee created by the Brazilian Congress to analyze the bill made...more
NC: Cutting Edge R&D and Cutting Edge Corporate Espionage by Sands Anderson PC on 5/14/2012 The Federal Bureau of Investigation estimates that corporate espionage has cost American companies $13 billion from trade secrets stolen by company insiders and given to hostile foreign governments. To combat this...more
Carrots and Sticks — DOJ’s Self-Reporting Policies by Michael Volkov on 5/14/2012 FCPA commentators, like my good friend Howard Sklar, tout the benefits of self-reporting when they discover an FCPA violation. There is no question that if a company self-reports they will get a break. What is not clear, and...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
Is Resale Price Maintenance Illegal Under New York Law? by Howard Ullman on 5/10/2012 In People v. Tempur-Pedic International, Inc. (May 8, 2012), the appellate division of the New York Supreme Court affirmed a trial court’s decision dismissing the New York Attorney General’s complaint and finding that...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