Antitrust & Trade Regulation › Business Organization › Criminal Law

Four Key Board Responsibilities for Monitoring Risk and Compliance

Introduction: High Pressure Regulatory Environment - Now more than ever, there is increased regulatory pressure on organizations – and their Boards of Directors – to create and maintain effective ethics and compliance...more

The Compliance Stepchild: Antitrust

Let’s try and put this all in perspective. Last fiscal year, the Antitrust Division collected over $1 billion in criminal fines and sent a number of senior executives to prison. ...more

Dow Jones’ Anti-Corruption Survey: Key Findings

During the past few years, there has continued to be a shift in the amount of attention companies are putting towards corruption concerns and anti-corruption programs. This is evident in the recent survey of 311 compliance...more

Understanding & Mitigating Third Party Corruption Risk Under Canada’s Corruption of Foreign Public Officials Act

The use of third party agents in international operations or business development, whether consultants, sales representatives, customs brokers, contractors or distributors, is often unavoidable. This may be because the...more

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

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

JFTC Releases Survey on Corporate Compliance Efforts and Recommends Best Practices

On November 28, 2012, the Japan Fair Trade Commission (“JFTC”) published the findings of its 2012 survey of corporate compliance practices based on (i) responses from approximately 879 companies listed on the Tokyo Stock...more

When the CEO Says No to Compliance: FCPA Insights from Watergate's Egil "Bud" Krogh

A recent video posted by the Markkula Center of Applied Ethics highlights one of the most difficult ethical issues facing FCPA compliance officers – doing your job when the CEO does not want you to. To provide some guidance...more

Doing Business in Canada: Offences Under The Competition Act

The Competition Act, which is Canada’s antitrust legislation, restricts anti-competitive business practices. The Act is designed to ensure fair competition in the Canadian marketplace. Over the last 26 years, the Act has...more

Practical Law Multi-Jurisdictional Guide 2012/13: Corporate Crime, Fraud and Investigations: Japan

Originally published in Corporate Crime, Fraud and Investigations multi-jurisdictional guide 2012/13 and is reproduced with the permission of the publisher, Practical Law Company. - FRAUD - Regulatory provisions and...more

You’d Better Watch What You Say: The Fifth Amendment’s Role In Cross-Border Investigations

Originally published in InsideCounsel.com on July 11, 2012. The government increasingly has turned its focus abroad, to cross-border investigations and prosecutions, garnering major headlines in cases involving the Foreign...more

HSR and Jail Time? The Importance of Being Earnest, and Getting Corporate Internal Investigations Right

Corporate and in-house counsel not accustomed to dealing with white collar defense issues can put themselves and their clients at risk when dealing with bad actors within the company. A routine merger investigation gone wrong...more

In-House Counsel: The Top 6 Risks (Part II of II)

In Part II on In-House Counsel, I examine the field of enforcement risks facing in-house counsel and outline my Top 6 Risks. The challenges facing in-house counsel are significant and growing. It is important to try and...more

Antitrust Issues for Associations

In this presentation: - Antitrust Basics - Application of the Antitrust Laws to Associations - Compliance Programs and Associations - Discussion and Q&A Please see full presentation below for more...more

Recent DOJ Obstruction of Justice Case Highlights Importance of HSR Item 4 Compliance

Failing to comply with premerger document disclosure rules can lead to civil and criminal penalties for companies and their executives. On May 3, 2012, Kyoungwon Pyo, a senior executive at Hyosung Corporation, agreed to...more

Tampering with Documents in Connection with a Merger Investigation can Land You in Jail!

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

European Commission Considers Taking Over Cartel Investigations to Prevent Exploitation of German Law Loophole

Under German law, companies may escape cartel fines by undertaking an internal restructuring. The German competition authority has indicated a willingness to reallocate such cases to the European Commission, which can impose...more

March 1, 2012 - The Federal Crimes Watch Daily

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

New Taiwan Fair Trade Act Amendments Pack Hefty 40-Fold Antitrust Fine Punch

In December 2011, Taiwan dramatically increased the stakes for companies doing business in Taiwan. Cartel fines were increased more than 40-fold in Taiwan, and Taiwan became the most recent nation to adopt a full-fledged...more

Anti-Bribery Legislations: A Business Barrier?

The enactment of Anti-Bribery legislations had impacted how a corporation can do business around the globe. Some of those legislations, namely Foreign Corrupt Practices Act 1977 (FCPA) and UK Bribery Act 2010, are long-arm...more

FCPA Settlement Agreements, Monitors and Self Monitoring

This article explores an apparent trend of the DOJ less frequently requiring Independent Corporate Monitors as part of their settlement agreements (i.e. deferred prosecution agreements, non-prosecution agreements,...more

Guilty Plea for Altering HSR Documents

The U.S. Department of Justice (DOJ) has provided a jarring reminder of the penalties for dishonesty in Hart-Scott-Rodino (HSR) filings. On August 15, the DOJ announced that Nautilus Hyosung Holdings Inc. (NHI) agreed to...more

Getting Control of a Situation Not in Your Control: Steps You Should Take in the Interim Period Before You Go to the Feds or the...

In a perfect world, you are sitting at your desk one day and a client’s in-house counsel calls and tells you that, as a result of the “vigorous and robust” compliance program you helped put in place a few years ago, the...more

Reglamento de la SVS sobre Ley de esponsabilidad de las Personas Jurídicas

Reglamento de la SVS sobre Ley de esponsabilidad de las Personas Jurídicas

La norma general 302 de la SVS es, en la práctica, el reglamento de la Ley de Responsabilidad Penal de la Empresa. Lo pongo a disposición de mi co-linkedInkers, porque pretendo abrir mi recién creado...more

Four Things You Need to Know About the OMIG’s Mandatory Compliance Program

Starting in the New Year, it is anticipated the OMIG will start to vigorously enforce its mandate that certain Medicaid providers adopt and implement an “effective compliance program.” Having a so-called paper compliance plan...more

FCPA, UK Bribery Act, and Indonesian Anti-Corruption Law - A Comparison

There are several multinational companies in Indonesia which have a parent company, affiliate, subsidiary or even a listed company in the US and UK. One of the issue for such companies is that, developing countries such as...more