Antitrust & Trade Regulation Business Organization

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What Does the Yates Memo Mean for Antitrust Cases?

Just over two months ago, the United States Department of Justice made waves when a memorandum from Deputy Attorney General Sally Quillian Yates (the “Yates Memo”) announced an increased focus on individual accountability to...more

Playing by the new global competition rules - South Korea: Building for the future

Antitrust regulators around the world are becoming more aggressive and sophisticated in their investigation and enforcement activities, working in coordination across borders and imposing increasingly higher fines. South...more

Highlights from the FTC’s Second “Start With Security” Initiative

On November 5, the FTC hosted its second “Start With Security” event in Austin, Texas in an effort to provide companies with practical tips and strategies for implementing effective data security....more

[Event] 2015 Ethics & Compliance Virtual Conference - Nov. 17th, Virtual

Don't miss the largest ethics & compliance industry event of the year! Brand New Topics & Sessions! * Hear nine engaging sessions—including our Keynote by Governor Thomas J. Ridge—and gain practical takeaways to...more

[Webinar] Transparency International - USA - CREATe Webinar: From Policies to Practices: Embedding and Verifying Your...

How effective is your anti-corruption program? Companies of every size are vulnerable to legal, reputational and other risks due to corrupt activities among employees and third parties. Gain insights into leading practices...more

Promoting Antitrust Compliance – The Antitrust Division’s Subtle Shift Regarding Corporate Compliance: A Step Toward Incentivizing...

INTRODUCTION: A surprising feature of many corporate compliance programs is their limited emphasis on antitrust. Compliance efforts are a key feature of modern corporate governance initiatives, and it stands to reason...more

[Webinar] Corruption, Gifts and Hospitality: Best Practices in Training to Mitigate Risks - Oct. 29th, 12:00pm ET

The acceptance and provision of gifts, entertainment and hospitality is a significant corruption risk for companies. Are your marketing, sales and client relations activities in compliance with applicable legal standards?...more

Business Lit Ledger - Fall 2015

In this Fall issue of our newsletter, you will find a review of several significant legal developments. For example, our antitrust group reviews actions taken by the Federal Trade Commission and the Department of Justice...more

"MOFCOM Cracking Down on Failures to Notify Qualifying Mergers, Acquisitions and Joint Ventures"

China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change...more

Canada Adopts Significant Changes to Foreign Investment Review Framework

On 24 April 2015, the Canadian government adopted regulations that significantly affect the foreign investment review framework. With the exception of cultural businesses and investments by foreign state-owned enterprises...more

DOJ Will Not Be Challenging Expedia-Orbitz Merger

David Crockett © September 18, 2015 Despite the American Hotel & Lodging Association’s (AH&LA) public denouncement of Expedia, Inc.’s (“Expedia”) $1.6 million acquisition of Orbitz Worldwide, Inc. (“Orbitz”), as...more

[Webinar] Extending Your Compliance Team Without Expanding Your Budget - Sept. 30th, 12:00pm Eastern

Companies choose to outsource or co-source various parts of their operations for many reasons, with budget and headcount at the top of the list. In ethics and compliance, companies have many opportunities to co-source...more

FTC Issues Guidance for Merger Investigations

In early August, the Federal Trade Commission ("FTC") released guidance on best practices for merger investigations. This is the first major update for such guidance since 2006 and the publication of "Reforms to the Merger...more

[Webinar] What CCOs Need to Know About the SEC’s Recent Focus on Compliance Officers - Sept. 22nd, 1:00 Eastern

The BHP Billiton case represents more than just another FCPA enforcement action; it is a possible landscape change and paradigm shift, one that compliance officers must understand. The SEC charged BHP Billiton $25M for its...more

Government Websites With Cybersecurity Tips & Information

As part of the government’s recent clarion call to improve our individual and collective cybersecurity posture, several federal and state agencies have released a variety of guidelines, frameworks, best practices and tips. ...more

How Ethical Behaviors Can "All Go So Wrong."  [Video]

In the trailer of a full animated video to be released on September 14th, 2015, I introduce many of the front-line rationalizations, temptations and emotions which impacted my conduct and decisions on the front-lines of...more

Business Litigation Alert: "Expanding Whistleblower Protection - Recent Senate Bill Represents Big Changes"

A new bill unanimously passed the U.S. Senate in July that could make it significantly more difficult for general counsel when considering whether to self-report antitrust issues. The Criminal Antitrust Anti-Retaliation Act...more

Recent FTC Action Underscores Narrow Interpretation of HSR “Investment-Only” Exemption

On August 24, 2015, the Federal Trade Commission (“FTC” or the “Commission”) filed a proposed settlement in federal court regarding alleged violations by Third Point LLC (“Third Point”) of the premerger reporting laws related...more

Latest H-S-R Act Enforcement Is a Cautionary Tale for Minority Investors

Generally speaking, stock purchases which will cause an investor to hold more than $76.3 million of the target’s voting securities may require a pre-closing notification under the Hart-Scott-Rodino (“H-S-R”) Act. But there...more

Investment Fund Violates “Investment-Only” HSR Exemption

At the request of the Federal Trade Commission (“FTC” or “Commission”), the Department of Justice (“DOJ”) filed this week in federal court a proposed settlement to charges that an investment fund violated the...more

Third Point Settles FTC Charges That They Violated U.S. Premerger Notification Requirements

On August 24, 2015, the FTC announced that Third Point Funds (“Third Point”), which includes three affiliated hedge funds commonly managed, agreed to settle FTC charges that it violated premerger reporting requirements in...more

[Event] PSST! - Physician Strategies & Success Tools - Grand Rapids - Sept. 11th, Grand Rapids, Michigan

Registration & Continental Breakfast - 8:00AM Seminar - 8:30 - 11:00AM Topics will include: • Healthcare Contracting – Legal Issues and Practical Considerations • Clinical Integration – ACOs, Super Groups...more

[Webinar] Anti-Corruption and Third Parties: Examining Third Party Pitfalls and Best Practices - Sept. 9th, 9:00am PDT

Is your company doing enough to ensure anti-corruption compliance among third parties? As the complexity of value chains continues to increase, companies are under a similarly increasing pressure to manage the risks...more

Ethics & Compliance Training: 2015 Benchmark Report

NAVEX Global’s Ethics & Compliance Training Benchmark Report covers benchmarks such as budget size, FTEs, training topics and formats—as well as top training trends, challenges and more— to help you: · Evaluate the...more

An FCPA Journey to the Darkside & Steps to Protect Your Organization [Video]

The following is a video of my presentation at the MetricStream GRC Summit in Washington DC, on May 12th, 2015. Here I address my own perfect storm of rationalizing bribery and steps to protect your organization by a better...more

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