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
McAfee & Taft RegLINC - April 2012: Refinery sentenced to pay largest criminal air pollution fine in Louisiana history by Heidi... by McAfee & Taft on 4/20/2012 After pleading guilty to felony violations of the Clean Air Act (CAA) and obstruction of justice in October 2011, Pelican Refining Company LLC, a Texas oil company operating in Lake Charles, LA, was sentenced to a $10 million...more
McAfee & Taft RegLINC - April 2012: Safe Drinking Water Act enforcement By Chris Paul by McAfee & Taft on 4/18/2012 The former mayor of Stover, Missouri, was sentenced in December 2011 to 10 years of probation and five months of home confinement, 30 days in a halfway house, and a $10,000 fine on charges related to violations of the Safe...more
Alert: Exports Subject to Increasing Trade Control Scrutiny by John Boscariol on 2/28/2012 Canada’s customs authority, the Canada Border Services Agency (CBSA), continues to exercise its broad authority under the Customs Act and the Export and Import Permits Act to engage in numerous searches, detentions, seizures,...more
Two Birds by the Pit: Courts Split Over Well Operator Liabilities under the Federal Migratory Bird Treaty Act by K&L Gates LLP on 2/20/2012 Introduction A recent federal court decision in North Dakota focuses on an issue of concern to oil and gas operators nationwide – whether unintended fatalities of migrating birds at well sites can give rise to...more
SFO Obtains Convictions in Private Sector Oil and Gas Corruption Case by Morrison & Foerster LLP on 2/17/2012 The UK Serious Fraud Office (“SFO”) has recently obtained convictions against four individuals who received corrupt payments in return for the disclosure of confidential procurement information relating to the...more
Patton Boggs Insights - January 2012 - Administration/Congress: New Mining Safety Legislation by Patton Boggs LLP on 1/27/2012 West Virginia Republican House member Shelley Moore Capito has introduced legislation that would increase civil and criminal penalties, strengthen pattern of violation provisions, and form an independent board to investigate...more
Are Prosecutors Pushing the Envelope Too Far? by Michael Volkov on 1/19/2012 Federal prosecutors continue their aggressive enforcement of criminal laws against companies and individuals using aggressive investigative techniques, novel theories and new strategies which are testing the limits of due...more
Anti-Corruption Risks for Private Equity -- Portfolio Companies by Michael Volkov on 1/18/2012 The Justice Department and the SEC are targeting private equity companies for anti-corruption enforcement. Private equity companies are most at risk in their ownership of private equity companies....more
ANTI-CORRUPTION COMPLIANCE: DRILLING DOWN ON DOCUMENTATION by Michael Volkov on 1/17/2012 A key, but often overlooked, part of any anti-corruption compliance program is the need to document decisions made by the company. Documentation is critical to demonstrate the company's intent -- the absence of criminal...more
QUESTIONING CORPORATE CRIMINAL LIABILITY by Michael Volkov on 1/16/2012 The Obama Administration is aggressively prosecuting companies for criminal violations of anti-corruption, health care, labor and environmental laws. This article examines the aruments for and against imposing criminal...more
PERSON OF THE YEAR -- THE CHIEF COMPLIANCE OFFICER by Michael Volkov on 1/13/2012 The person of the year for 2011 -- The Chief Compliance Officer...more
MATERIALITY AND FCPA DISCLOSURES by Michael Volkov on 1/13/2012 This article examines the issue of materiality and FCPA disclosures...more
INTERNAL CONTROLS AND FOREIGN SUBSIDIARIES by Michael Volkov on 1/13/2012 This article examines how to design internals to protect against bribery by foreign subsidiaries...more
HEALTH CARE FRAUD AND COMPLIANCE by Michael Volkov on 1/13/2012 A look at health care fraud enforcement and compliance program elements...more