Administrative Law, International Law & Trade, Criminal Law

"Ranbaxy Resolves Criminal and Civil Charges Through Record Settlement"

by John T. Bentivoglio, Jennifer L. Bragg, Maya Florence, Michael K. Loucks, Gregory M. Luce | Skadden, Arps, Slate, Meagher & Flom LLP on 5/15/2013

Executive Summary - On May 13, 2013, generic drug manufacturer Ranbaxy USA Inc. (Ranbaxy), a subsidiary of Indian generic drug manufacturer Ranbaxy Laboratories Limited, pled guilty to seven felony charges as part of a...more

Commerce Takes A More Aggressive Stance On Fraud by Jef Denning

by King & Spalding on 4/4/2013

In the March 2011 edition edition of the Trade and Manufacturing Alert, we reported on the decision by the United States Court of Appeals for the Federal Circuit in Home Products Int’l v. United States, 633 F.3d 1369 (2011),...more

Justice Department and SEC Issue Guidance on Anti-Bribery Law

by David Dubberly | Nexsen Pruet, PLLC on 1/23/2013

Originally published in Swampfox - January 22, 2013. In November 2012 the Department of Justice and the Securities and Exchange Commission issued a 120-page “resource guide” to the U.S. Foreign Corrupt Practices Act. ...more

The Financial Services Act 2012 – Misleading Statements, Impressions and Financial Promotions

by Jonathan Angell, Sean Geraghty, Amy Grammer | Dechert LLP on 1/18/2013

Background - In our previous DechertOnPoints, The Draft Financial Services Bill in the Contextof the Proposed New UK Financial Regulatory Structure and Draft UK Financial Services Bill and the New UK Financial...more

Rolls-Royce Brings in Lord Gold – Is it Thinking Big Enough?

by Thomas Fox on 1/15/2013

In December 2012 the BBC online service reported that Rolls-Royce Motor Cars Limited (Rolls-Royce) was in talks with the UK Serious Fraud Office (SFO) regarding potential allegations of bribery and corruption in Indonesia and...more

Fu Manchu and the Wal-Mart FCPA Investigation Water Torture

by Thomas Fox on 1/11/2013

Today we celebrate Fu Manchu. No not the facial accouterments but the fictional character who was introduced to the world in a series of novels by British author Sax Rohmer during the first half of the 20th century. He has...more

Internal Audit Review of Charitable Donations Under the FCPA

by Thomas Fox on 1/10/2013

When is a rose not a rose? When it is a charitable donation not made for philanthropic purposes and it violates the Foreign Corrupt Practices Act (FCPA). I thought about that concept when reviewing the Eli Lilly and Company...more

Top Ten Enforcement Actions for 2012

by Thomas Fox on 1/8/2013

As we welcome in 2013, it is appropriate to reflect back on some of the things which have occurred over 2012 and in the Foreign Corrupt Practices Act (FCPA) enforcement world, it was quite a significant year. The Department...more

INTERPOL Denies Any Withdrawal from Relationship with Iraq

by The Law Office of Michelle A. Estlund, P.A. on 1/8/2013

Yesterday, numerous media outlets reported that INTERPOL had suspended its involvement with member country Iraq. Those reports were made (see article below for links). The purported basis for the suspension was a lack of...more

Five Biggest FCPA Stories Of 2012

by Michael Volkov on 1/7/2013

One of my favorite “Seinfeld” episodes is when Jerry and George go to NBC to pitch their new television show which is about “nothing.” There are some parallels to this posting. FCPA settlements have dwindled during 2012....more

China’s Antitrust Authority Imposes Fines on Foreign Corporations for the First Time

by Henry Chen | McDermott Will & Emery on 1/7/2013

Recently China’s National Development and Reform Commission (NDRC) imposed an RMB 353 million (USD 56.7 million) penalty against an international price-fixing cartel of LCD manufacturers, the largest the NDRC has ever imposed...more

President Obama Signs into Law the Theft of Trade Secrets Clarification Act

by Mike Delikat | Orrick - Global Employment Law Group on 1/4/2013

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act. The Act amends the Economic Espionage Act of 1996 (EEA) and expands the jurisdiction of federal courts over cases concerning...more

The Lilly FCPA Enforcement Action (Part III) Lessons Learned from Russia

by Thomas Fox on 1/4/2013

This Part III is the final installment of my review of the Eli Lilly and Company (Lilly) FCPA enforcement action brought by the Securities and Exchange Commission (SEC). In this Part III, I will review the FCPA issues that...more

"Recent Amendment to the Economic Espionage Act Extends Protection Against Misappropriation"

by Stacey Cohen, Daniel DeVito, James Elacqua, Edward Filardi, Douglas Nemec, P. Anthony Sammi, Andrew Thomases | Skadden, Arps, Slate, Meagher & Flom LLP on 1/4/2013

On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012. The Act clarifies the scope of Section 1832 of the Economic Espionage Act and attempts to reverse the Second Circuit’s recent...more

From China to Poland and Brazi l- The Lilly FCPA Enforcement Action- Part II

by Thomas Fox on 1/3/2013

In Parts II and III of my review of the Eli Lilly and Company (Lilly) Foreign Corrupt Practices Act (FCPA) enforcement action brought by the Securities and Exchange Commission (SEC), I will discuss some the processes and...more

Update on INTERPOL's Red Notice for TCI's Michael Misick: Part 2

by The Law Office of Michelle A. Estlund, P.A. on 1/2/2013

In the last post, I addressed the latest events in the case of Michael Misick, former Premier of Turks and Caicos Islands (TCI). Today's post is a continuation of that discussion and an update of a related post from earlier...more

The Lilly FCPA Enforcement Action Part I – Key Lessons Learned on Sportsmanlike Conduct

by Thomas Fox on 12/31/2012

As you see from today’s picture I am enthusiastically wearing a New England Patriots (classic) shirt. You may ask yourself why am I wearing this shirt? The reason is because of a rather rash wager I made with Jay Rosen, Vice...more

DOJ Announces LIBOR-Related Criminal Charges And Penalties, Regulators Announce Parallel Civil Enforcement Actions

by BuckleySandler LLP on 12/26/2012

On December 19, both federal law enforcement and U.S. and foreign regulatory authorities announced that a Japanese bank and its Swiss bank parent company agreed to pay more than $1.5 billion to resolve criminal and civil...more

Recent Decision Provides Helpful Guidance on FCPA's "Wide Net"

by Stephen A. Best, Brian D. Nysenbaum | Brownstein Hyatt Farber Schreck on 12/21/2012

District Court Determines that the SEC Bears the Burden of Negating the 'Facilitating' Payments Exception - On December 11, 2012, in a rare opinion interpreting the U.S. Foreign Corrupt Practices Act ("FCPA"), U.S....more

U.S. Law Enforcement Authorities And Regulators Resolve Significant Money Laundering And Sanctions Investigations

by BuckleySandler LLP on 12/21/2012

On December 11, a major international bank holding company announced agreements with U.S. law enforcement authorities and federal bank regulators to end investigations into alleged inadequate compliance with anti-money...more

Avoiding Anti-competitive Employee Recruitment Arrangements: The United States Department of Justice Challenges eBay and the...

by Subrata Bhattacharjee, Adam S. Goodman | Heenan Blaikie LLP on 12/21/2012

In 2010, the government of Canada amended the Competition Act, making anti-competitive conspiracies between competitors or potential competitors a per se criminal offence, requiring no evidence of an adverse impact on...more