Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:
Crime Novelist Wins $51 Million From Accounting Firm
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
Colombia Battles U.S. Investors for $17 Billion Treasure
Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA
Lessons Learned from the BizJet Executives FCPA Enforcement Actions
The Growing Role of Social Media in Litigation and How to Prepare for It
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
Attorney Tim Hyland: Why the District Court for the Eastern District of Virginia is Good for Plaintiffs
New Happy Birthday Song, Copyright-Free
Precise Contingency Drafting
Legal Fallout of an Armstrong Confession
Will Congress' Dodd-Frank Mistake Harm Banks?
The New SEC Conflict Minerals Rule: Overcoming the Challenges of Compliance
Stealth Lawyer: Alex Patterson, CCO of Tough Mudder
Opinion Release 12-02-Travel for Foreign Governmental Officials Under the FCPA
Weekly Brief: BoA Sued; SCOTUS Shortlists; Fund Fights Argentina
Opinion Release 12-01-Is a Royal Family Member a Foreign Official under the FCPA
Authenticity in your Compliance Program
Requirements for Travel for Governmental Officials Under the FCPA
News reaches us of a private small round table session put together by Transparency International and attended by some from the US FCPA white collar community (we understand Mark Mendelsohn attended) and our very own David...more
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
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
One does not have to look very far in the business world to come across the phrase “Know Your Customer.” A company certainly needs to know if an entity that it may sell products or provide services to will pay for those...more
The FCPA Paparazzi has been at it again – it is fascinating to watch the reaction of practitioners and commentators in the FCPA arena. ...more
Last week, the U.S. Department of Justice (DOJ) announced the indictment of two employees of a U.S. broker-dealer, Direct Access Partners, and a senior official in Venezuela’s state economic development bank, Banco de...more
On May 7, the DOJ charged two employees of a U.S. broker-dealer and a senior official in Venezuela’s state economic development bank for their alleged roles in what the DOJ describes as a “massive international bribery...more
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
Mining and exploration companies with projects in developing nations should take note that an amendment to the Corruption of Foreign Public Officials Act (CFPOA) has been approved by the Senate and is currently before the...more
I often marvel at some of the stories which come up in the context of Foreign Corrupt Practices Act (FCPA) investigations and enforcement. If you made up some of the things which are reported, I fear that people might find...more
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
A class action has been brought on behalf of U.S. honey suppliers against defendants including Groeb Farms, Inc., Horizon Partners, Ltd., and Honey Holdings 1, Ltd., alleging an illegal scheme executed by defendants that...more
The debate on whether the use of Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs) has become lively again over the past couple of weeks. Last week, there was a panel hosted by the Corporate Crime...more
Chief Compliance Officers are usually very proud of their anti-corruption training programs. Most companies rely on a combination of live and on-line training programs to communicate the message of compliance....more
The news this month that the FBI will continue to use sting operations to net Foreign Corrupt Practices Act (FCPA or the Act) violators only serves to emphasize that the FCPA is best viewed broadly. The net cast by the...more
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
On May 21, 2012, the Senate Armed Services Committee issued a report of its inquiry into counterfeit parts in the Department of Defense Supply Chain. The Committee’s report stated that the problem of counterfeit electronic...more
INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more
Last week, the US Department of Justice (DOJ) announced the sentencing of Paul G. Novak, a former consultant of Willbros International, Inc., a subsidiary of the Houston based Willbros Group, for his role in a conspiracy to...more
Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country...more
There is a lot of grumbling these days over the Justice Department’s use of Deferred and Non-Prosecution Agreements. Some think the deals are too lenient and corporations should be required to plead guilty. Capitol Hill...more
On January 1, 2013, Russia implemented an amendment to its anti-corruption laws that appears to go beyond the reach of both the U.S. Foreign Corrupt Practices Act (“FCPA”) and the U.K. Bribery Act (“UKBA”) to the extent it...more
Do you really know who you are doing business with in your supply chain? How much due diligence is enough? Should you update your due diligence on a regular basis? How about on a continuous basis? What ethical considerations...more
The bottom-line: If you do not conduct a risk assessment, then you should start praying. The FCPA Guidance made it clear – conduct a risk assessment and tailor your compliance program to the risk assessment....more
On April 22, the DOJ and the SEC announced parallel actions against a clothing company to resolve allegations that a subsidiary of the company paid bribes to Argentine officials over a several-year period to obtain improper...more
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