What is a PBT? Do I have to cooperate?
BigLaw Recruiter: We Didn't Kill Dewey & LeBoeuf
How the Rise in Undercover Investigations is Changing the Law
A Moment of Simple Justice - A Prosecutor's Duty
Government’s Health Care Fraud “Cash Cow” Keeps Mooing
Uncovering Factory Farming - The Effects of Ag Gag Laws
Uncovering the “Why” in FCPA Compliance Issues
A Moment of Simple Justice - Undercover Lover
What are field sobriety tests? Do I have to take them?
FCPA Compliance and Ethics Report-Episode 117-the Avon FCPA Enforcement Action
A Moment of Simple Justice - Jails for Sale
A Moment of Simple Justice - Stop Talking
A Moment of Simple Justice - Snitching Ain't Easy
Combining Arms for Justice-Involved Veterans
A Moment of Simple Justice - Death by Cop
How Did The NFL Get This So Wrong?
A Moment of Simple Justice - Ferguson & the Media
A Moment of Simple Justice - Hopping Turnstiles
The 10 Essential Steps to Implement an Effective Anti-Corruption Compliance Program
FCPA Enforcement: How to Respond to a Government Investigation
“So you are the great lawyer I’ve been told about! But, you are so young! I was expecting an old lawyer.” With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let...more
In a one-day Department of Justice Antitrust Division takedown last September, nine international companies based outside the United States pled guilty to criminal antitrust violations and agreed to pay more than $740 million...more
A few weeks ago I posted “EY Global Fraud Survey: “Depressing,” yes, surprising, no” and shortly thereafter, Philipp Kloeber, Consultant at Ernst & Young, Melbourne, Australia was kind enough to refer me to the EY paper...more
The recent headlines on China's expanding anti-corruption investigation and enforcement action is a significant event in global anti-corruption enforcement. For companies operating in China, the risks have now increased...more
What's the one thing missing from most corporate compliance programs?
For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more
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
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
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 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
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
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
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
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
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.
- Regulatory provisions and...more
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
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 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
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
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
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
The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more
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
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
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
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
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