Business Organization › Civil Procedure › Criminal Law

Third Circuit Reinforces Limits to Directors' Exposure for Misconduct by Corporate Employees

In Belmont v. MB Investment Partners, Inc., No. 12-1580, 2013 WL 646344 (3d Cir. Feb. 22, 2013), the United States Court of Appeals for the Third Circuit held that a mere failure by corporate directors to oversee enforcement...more

New FCPA Decision: How Long is the FCPA’s Reach?

A little more than a year after Deustche Telekom (“DT”) and Magyar Telekom entered into multi-million dollar settlements with the SEC and DOJ to resolve claims that the two companies violated the FCPA, three former Magyar...more

Legal Privilege for Information in Investigations in Germany – New Developments

For companies conducting an internal investigation of potential wrongdoing in Germany, one important consideration is to protect the confidentiality of the information developed. Given court decisions in Germany which hold...more

USA v. Poker Stars et. al. (Chris Ferguson)

Defense Request for Status Conference re DiChristina case poker ruling

[Defense Request for Status Conference in USA v. PokerStars (Lederer, Ferguson, Furst) SDNY civil forfeiture proceedings:] We represent claimant and defendant Howard Lederer in connection with the referenced case. Mr....more

Part 2: Relief for Victims and Third Parties Through Asset Forfeiture

Originally published in InsideCounsel.com on August 23, 2012. How Can a Victim Obtain Relief Through Forfeiture? Forfeited property generally goes to the government to spend in whatever manner it sees fit. However...more

D.C. Circuit Affirms HHS Power to Disqualify Corporate Officials Convicted of Misdemeanors Under the "Responsible Corporate...

On July 27, 2012, the U.S. Court of Appeals for the D.C. Circuit issued the long-anticipated decision in Friedman v. Sebelius. Friedman addressed whether the U.S. Department of Health and Human Services (HHS), through its...more

FCPA Case Dismissed, But With Leave To Replead

Jonathan Strong v. Dean E. Taylor, et al. and Tidewater, Inc. (nominal Defendant), Civil Action No. 11-392 (E.D. La. 2012), addresses several international practice issues in the context of a motion to dismiss a derivative...more

Baker & McKenzie: Creating and protecting legal privilege

What you need to know in the context of anti-corruption corporate compliance Companies recognise that they must assess and manage risk in relation to bribery and corruption compliance; the question is, how to do so...more

Sleeping With the Enemy: Can Corporate Counsel Be “Too Cooperative” With the Government?

In 1999, then-United States Deputy Attorney General Eric Holder issued the “Holder Memorandum” – a document that has come to profoundly impact the way in which corporations conduct internal investigations and deal with the...more

Advice of Counsel: An Effective Shield

Companies hire lawyers for a reason. Hopefully, they do so for more than one reason. Lawyers provide several important benefits, contrary to all the jokes and ridicule against the profession. The attorney-client...more

In re Pacific Pictures: New Ninth Circuit Decision May Be Kryptonite To Claims Of Privilege Under The Selective Waiver Doctrine

Corporations subject to criminal and civil regulatory investigations have long grappled with the highly charged decision over whether to provide the government with privileged communications and attorney work product or...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

SEC Changes Policy on Admitting Guilt in Settlements of Enforcement Actions

On January 6, 2012, the Securities and Exchange Commission (“SEC”) announced that it has modified its settlement policy for enforcement actions that also involve a criminal conviction or admissions by a defendant of criminal...more

Keep the wolves of embezzlement away.

Information on how to keep an embezzlement from taking place....more

The OIG Backs Off Intended Exclusion of Forest Laboratories’ CEO

On August 5, 2011, the Office of the Inspector General, U.S. Department of Health and Human Services (the “OIG”), notified Howard Solomon, the CEO of Forest Laboratories, that the OIG would take no action against him under...more

Corporate Breakout Session - A Re-Cap

During our 2011 Annual Meeting in Lisbon, we had specialty group breakout sessions - and lucky for you, our corporate session was recorded! The group had a roundtable discussion dedicated to the topic of "Anti-Corruption...more

Whistleblower Must Provide Information to the SEC to State a Retaliation Claim Under Dodd-Frank

A New York federal district court recently ruled that, with limited statutorily defined exceptions, a whistleblower asserting private relation claims under the Dodd-Frank Wall Street Reform and Consumer Protection Act must...more

Ninth Circuit Weakens Rule 9(b) In False Claims Act Litigation

The U.S. Court of Appeals for the Ninth Circuit recently weakened the impact of Federal Rule of Civil Procedure 9(b) in False Claims Act (“FCA”) cases. The FCA allows whistleblowers (called “relators”) to bring lawsuits...more

Legal Aspects of Software Piracy

Legal Aspects of software piracy this is an article appeared in Dataquest September Magazine...more

Bill Introduced To Secure Reduced Civil Liability For Amnesty Applicants

Three U.S. senators have introduced a bill that would make permanent provisions of the Antitrust Criminal Penalties Enforcement and Reform Act of 2004 (ACPERA) granting reduced civil liability to companies who successfully...more

Business Crimes Perspective - March 2010

SEC v. TAMBONE: The First Circuit Reverses Course on What It Means to “Make” a Statement Under the Securities Laws The First Circuit’s en banc ruling in SEC v. Tambone, No. 07 1384 (Mar. 10, 2010), vacated a key part of a...more