Business Organization › Criminal Law › Mergers & Acquisitions

SEC And FBI Try To Ketchup To Heinz Insider Traders

In the latest development in an SEC lawsuit filed Friday, February 15, U.S. District Judge Rakoff extended a freeze on a Swiss Goldman Sachs account linked to possible insider trading in H.J. Heinz Company call options. The...more

Good News, Bad News and Missed Opportunities on “Successor Liability”

The FCPA Guidance contains good news and bad news. When I ask one of my kids which they want to hear first … they inevitably choose bad news first. With that in mind, the FCPA Guidance includes relatively bad news on...more

DOJ and SEC Issue Long Anticipated FCPA Guidance -- “Resource Guide” Sheds Some Light, but Gray Areas Remain

At long last, the United States Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released their guidance on Foreign Corrupt Practices Act (“FCPA”) compliance and enforcement issues. The...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

Federal Criminal Lawyer Douglas McNabb of McNabb Associates - News On Current Federal Criminal Cases

July 11, 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. Topics Include: Federal...more

SEC: Local Language Essential to FCPA Compliance

In yesterday's Orthofix settlement for FCPA violations in Mexico, the SEC said what some of us already knew. The use of local language is essential to "effective" FCPA compliance. This article provides examples of why it is...more

Transparency International Issues UK Bribery Act Guidance on Mergers, Acquisitions and Investments

As a consequence of the entry into force of the Bribery Act 2010 (the Act) on 1 July 2011, for the first time, anti-bribery due diligence has become a necessity for companies undertaking mergers, acquisitions and investments....more

U.S. Government Settles International “Trading with Enemy” Act Claims Against ING Bank

The U.S. government settled an international investigation and threatened prosecution against ING Bank N.V. in a case highlighting the international nature of modern banking as well as governmental investigations and...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

Four To-Dos before Seeking Outside FCPA Help

General Counsel and Internal Compliance Officers get approached regularly by outside FCPA service providers. Given so many options, companies that are ready to enhance their FCPA compliance programs often do not know where to...more

Brand Names and More (Why the Wal-Mart Bribery Case is a Big Deal)

Will the Wal-Mart bribery case in Mexico have a lasting effect on compliance? Or is it a fleeting headline? This article discusses some reasons they this FCPA case will matter....more

Wal-Mart's Bribery in Mexico (Part 2: Insights into Specific Corruption Risks)

What is an FCPA compliance practitioner to make of the recent Wal-Mart de Mexico bribery allegations? This article lists eight insights into specific corruption risks raised by the matter....more

Mergers & Acquisitions and Anti-Corruption Compliance

As the economy improves and merger activity increases, it is important to remember the risks of FCPA liability when acquiring a company or entering into a joint venture.  Simply put, you don’t want to acquire...more

What FCPA Enforcement Is Thinking

The annual National Conference on the U.S. Foreign Corrupt Practices Act (FCPA) in Washington, DC, hosted by American Conference Institute, is always a unique opportunity to hear from FCPA enforcement officials about what...more

Global Connection - May 2011

In This Issue: - A Letter From the Editor - The Reverse Merger: Easy Way in or Illegitimate Access to U.S. Capital Markets? - Cross-Cultural Communication: Guidance for the American Negotiator -...more

Keep the wolves of embezzlement away.

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

Compliance in Brazil: Current and Future Perspectives

Compliance in Brazil: Current and Future Perspectives...more

Trade & Manufacturing Alert - April 2011

In This Issue 01 WTO Appellate Body Report On U.S. Antidumping And Countervailing Duties Against China Upholds Many Of The Panel’s Legal Findings But Reverses On Two Key Issues 02 President Obama Visits Brazil,...more

Director's Liability

Insolvancy Related iability of Director's Under Indian Companies Act 1956

A company is legally separate and distinct from its members. It is ultimately an artificial creation and it acts through its servants or agents. The decisions of a majority of its members in general meetings are regarded as...more

Building and Enhancing FCPA Compliance - 13 Step Action Plan

Stringent enforcement and significant criminal and civil penalties make the FCPA a powerful weapon in the global war on corruption. A 13-step action plan can enhance a company’s compliance and possibly limit its...more

2009-The Year of the Trial

At the end of this year, many commentators have weighed in on the changes in enforcement under the Foreign Corrupt Practices Act (FCPA) over the past decade or the catastrophic increase in fines and disgorgement of profits...more