Business Organization, Criminal Law, International Law & Trade

The Top 5 FCPA Fallacies

by NAVEX Global on 5/23/2013

In 2010, the number of federal prosecutions for violation of the Foreign Corrupt Practices Act (FCPA) more than quadrupled. The Department of Justice (DOJ) set a new record for fines and penalties – collecting nearly $1B. The...more

What Are The Essential Elements Of A Corporate Compliance Program?

by Thomas Fox on 5/22/2013

Can you synthesize and reconcile the world’s leading laws, regulations and commentaries on the best practices an anti-bribery and anti-corruption compliance program. ...more

Playing With Ralph Lauren: A Fair Settlement?

by Michael Volkov on 5/20/2013

The FCPA Paparazzi has been at it again – it is fascinating to watch the reaction of practitioners and commentators in the FCPA arena. ...more

CIS Legal Update - May 2013: Measures Taken to Strengthen Russian Anti-Corruption Laws

by Laura Brank, Olga Watson, Jeremy Zucker | Dechert LLP on 5/14/2013

Despite Russia’s reputation for corruption, the anti-bribery climate in Russia is evolving. A recent flurry of anti-bribery legislation, as well as Russia’s ratification of the OECD Convention on Combating Bribery of Foreign...more

Four Key Board Responsibilities for Monitoring Risk and Compliance

by NAVEX Global on 5/13/2013

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

by Michael Volkov on 5/13/2013

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

What Companies Can Learn From The Ralph Lauren Corporation FCPA Case

by Lauren DeSantis-Then, Noam Fischman, Jonathan Rosen | Polsinelli on 5/7/2013

Last week, a subsidiary of American fashion designer Ralph Lauren Corporation made global news for violations of The Foreign Corrupt Practices Act of 1977 ("FCPA"). In short, FCPA prohibits covered entities – i.e., those that...more

What’s The Message From BizJet? Self-Disclose And Cooperate

by Thomas Fox on 4/19/2013

Over the past week there has been a plethora of Foreign Corrupt Practices Act (FCPA) enforcement actions released. One group was the four enforcement actions involving individuals concerning BizJet. While I cannot say that...more

The Harder They Fall

by Michael Volkov on 4/18/2013

As the old saying goes, even a broken clock is correct two times a day. My prediction several weeks ago is turning out to be on target. FCPA enforcement is continuing and will increase throughout the year – DOJ/SEC...more

Corporate Aspects of the UK Financial Services Act 2012

by Sergey Kvitkin, Iain Wright, William Yonge | Morgan Lewis on 4/12/2013

Long-heralded reform of the UK financial services regulation architecture impacts the listed company regime. On 1 April, a new financial regulation architecture became operative in the UK through the Financial...more

They Are Back, Although They Never Really Left, thebriberyact.com Guys

by Thomas Fox on 4/12/2013

Unlike that fabulous song-writing team of Lennon and McCartney, these two guys promised that they would be back and from what we have seen over the past few weeks, they have kept to their collective word. Yes, those two...more

New Anti-Corruption Provisions in EU Legislation: Increased Accountability for Mining, Oil and Gas Companies

by Neil Gerrard, Miriam Gonzalez, Jonathan Pickworth | Dechert LLP on 4/11/2013

Large non-listed companies incorporated in the European Economic Area (“EEA”) which operate in the oil, gas and mining sectors will need to annually disclose any payments made to the national, regional or local authority of a...more

AML Enforcement – A New Era Of Compliance

by Michael Volkov on 4/10/2013

Last year was the year of Bank Secrecy, sanctions and anti-Money Laundering enforcement. The HSBC settlement sparked significant controversy over the claim by the Justice Department that HSBC and other banks are “too big to...more

Q: Do You Tell The Central Bank What To Do? A: ‘In Which Country’?

by Thomas Fox on 4/10/2013

Last weekend in the Financial Times (FT) was a report by Tim Burgis of an interview he held over a lunch meeting with the Angolan Isabel dos Santos, who Forbes magazine recently declared “the continent’s first female...more

Dow Jones’ Anti-Corruption Survey: Key Findings

by Simmi Singh Corcoran | NAVEX Global on 4/5/2013

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

The Truth Behind Gifts, Meals And Entertainment Enforcement

by Michael Volkov on 3/29/2013

It is time for everyone to take a deep breath. The DOJ/SEC Guidance could not have been clearer. The message to companies – stop devoting so much time to building, tinkering with, and monitoring their policies governing...more

Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain...

by Elizabeth Banzhoff, Elizabeth Breakstone, Jean-Jacques Cabou, T. Markus Funk, Michael Sink | Perkins Coie on 3/21/2013

Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the...more

Is China Getting Serious or Redirecting Responsibility? New guidance on Chinese Anti-Bribery Enforcement

by Thad McBride, Reid Whitten | Sheppard Mullin Richter & Hampton LLP on 2/21/2013

For years, a significant number of Foreign Corrupt Practices Act (FCPA) enforcement actions have focused on or involved the People’s Republic of China (PRC), Chinese subsidiaries, or Chinese officials. It is hard to avoid...more

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

by Paul T. Friedman, Adam Hunt, Ruti Smithline | Morrison & Foerster LLP on 2/15/2013

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

DOJ Announces Criminal Charges And Penalties For LIBOR Manipulation, Regulators Announce Parallel Civil Enforcement Actions

by BuckleySandler LLP on 2/15/2013

On February 6, U.S. and U.K. authorities announced that a Japanese financial institution and its British bank parent company agreed to pay roughly $612 million to resolve criminal and civil investigations into the firms’ role...more

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Business Organization › Criminal Law › International Law & Trade