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
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
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
Reminder: the DOJ Has Criminal Antitrust Enforcement Powers Beyond Price Fixing by Howard Ullman on 5/8/2012 On May 3, the U.S. DOJ announced that an executive of South Korean-based Hyosung Corporation agreed to plead guilty and to serve time in a U.S. prison for obstruction of justice charges in connection with an automated teller...more
May 8, 2012 - The Federal Crimes Watch Daily by McNabb Associates, P.C. on 5/8/2012 The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more
Brand Names and More (Why the Wal-Mart Bribery Case is a Big Deal) by Matteson Ellis on 5/2/2012 Will the Wal-Mart bribery case in Mexico have a lasting effect on compliance? Or is it a fleeting headline? This article discusses some reasons they this FCPA case will matter....more
Wal-Mart's Bribery in Mexico (Part 2: Insights into Specific Corruption Risks) by Matteson Ellis on 4/25/2012 What is an FCPA compliance practitioner to make of the recent Wal-Mart de Mexico bribery allegations? This article lists eight insights into specific corruption risks raised by the matter....more
New UK Competition and Markets Authority: What’s in a Name? by Dechert LLP on 4/6/2012 On 16 March 2011, the UK government’s Department for Business, Innovation and Skills (BIS) launched a consultation proposing a number of reforms to the UK competition regime. After considering the responses on its proposals...more
Buying an FCPA Violation: Successor Liability is Alive and Well by Michael Volkov on 3/26/2012 FCPA commentators enjoy spending their time picking through the bodies of FCPA enforcement actions for trends and patterns. Sometimes trends are evident and sometimes they are not. One clear picture from FCPA...more
What is ‘Extraordinary Cooperation’ in an FCPA Enforcement Action? by Thomas Fox on 3/26/2012 As a general rule, Cobb noted that ‘extraordinary cooperation’ will not be the definition given by the company but by the DOJ. This is an important discussion to have with your client very early on to set a proper...more
February 24, 2012 - The Federal Crimes Watch Daily by McNabb Associates, P.C. on 2/24/2012 The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more
Mergers & Acquisitions and Anti-Corruption Compliance by Michael Volkov on 2/15/2012 As the economy improves and merger activity increases, it is important to remember the risks of FCPA liability when acquiring a company or entering into a joint venture. Simply put, you don’t want to acquire...more
January 20, 2012 - The Federal Crimes Watch Daily by McNabb Associates, P.C. on 1/20/2012 The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....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
January 19, 2012 - The Federal Crimes Watch Daily by McNabb Associates, P.C. on 1/19/2012 The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more