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Corporate and Financial Weekly Digest - April 12, 2013

In this issue: - SEC and CFTC Adopt Joint Rules to Help Protect Investors from Identity Theft - CME Block Trade Advisories Clarify Nonpublic Information Restrictions - CFTC Staff Issues No-Action...more

Global HR Hot Topic - April 2013: Internal Investigations in Overseas Workplaces

Challenge: In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected...more

Courts Diverge on the Reach of Personal Jurisdiction in FCPA Cases Against Foreign Defendants

Last month, two federal judges in the Southern District of New York reached differing conclusions about the minimum contacts required for U.S. courts to exercise personal jurisdiction over foreign defendants in civil...more

Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the FCPA

A New York federal district court judge has dismissed a Foreign Corrupt Practices Act (“FCPA”) claim against a former executive of Siemens, S.A. Argentina and Siemens Transportation Systems for lack of personal jurisdiction. ...more

Hot Topics in Mining Litigation

Recent Canadian and international trends point to signs of an increasingly litigious mining industry and an increased risk of liability exposure for mining companies, officers and directors. Over the last several months,...more

Corporate and Financial Weekly Digest - March 1, 2013

In this issue: - Recent SEC Speeches Focus on Investor Protection and Disclosure - SEC 2013 Examination Priorities - CFTC Revises Clearing Compliance Schedule for iTraxx CDS Indices - SEC Division...more

Southern District of New York Ruling May Present Challenges for FCPA Defendants

A recent ruling in the Southern District of New York rejected two defenses in a Foreign Corrupt Practices Act (FCPA) case, resulting in an interpretation of the law that could have damaging consequences for defendants who are...more

Two Recent Decisions Provide Rare Guidance on the FCPA’s Reach Over Foreign Nationals

Two recent district court decisions have shed light on the reach and scope of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign nationals: SEC v. Straub and SEC v. Sharef. For companies and individuals operating...more

SDNY Favors the SEC in Foreign Corrupt Practices Act Action Involving Novel Issues of Statutory Interpretation

In a case addressing an issue of first impression involving the Foreign Corrupt Practices Act (FCPA), the US District Court for the Southern District of New York adopted an expansive interpretation of the statute’s interstate...more

In What Circumstances Can Foreign Nationals Be Held Liable for Violating The Foreign Corrupt Practices Act?

In the last two weeks, in two separate SEC enforcement actions, judges in the United States District Court for the Southern District of New York issued rulings addressing when the United States Securities and Exchange...more

District Court Decision Limits the Extraterritorial Reach of the FCPA

Judge in Siemens case seeks "limiting principle" for the exercise of personal jurisdiction over foreign defendants and concludes that mere support for a bribery scheme by a foreign defendant is insufficient to establish...more

Increased Risk of FCPA Prosecution of Foreign National Executives of U.S. Issuers: Recent Court Decision Allows Open-Ended Statute...

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act ("FCPA”). The decision from the federal district court in New York denied...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

Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

Global Overview: Continued aggressive cartel enforcement in 2012 Authorities around the world continued to vigorously enforce cartel law in 2012. Total fines increased in many jurisdictions, and authorities around the...more

Some comparisons of Spain’s criminal system with the United States

Recently, I had the opportunity to travel to various cities in Spain; including, Grenata. Grenata is home to the UNESCO World Heritage site of “the Alhambra”. The Alhambra is a combination of both a fortress and a palace...more

Winter 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following...more

Global Connection - November 2012

In This Issue: - Editor’s Letter - Please Tell Me How This Ends: Determining a Client’s Status in a Grand Jury Investigation - ITC Section 337 Practice: Beyond Patent Infringement - Conference Highlights —...more

European Commission Considers Sector Inquiries as a New Procedural Tool in State Aid Law

The European Commission eyes sector inquiries as a new tool in European State aid law. In European antitrust law Sector inquiries are already successfully employed to detect cartelist activities. This could allow the European...more

Business Litigation Report -- October 2012

In This Issue: Firm News: ..Kathleen Sullivan Named a “Top 10 Female Litigator” by Benchmark Litigation and Euromoney Legal Media Group ..Pharma Patent Litigators Nick Cerrito and Eric Stops Join Quinn Emanuel...more

Court Quashes Summons of Indictment in Economic Espionage Act Prosecution Against Quinn Emanuel Chinese Client

Last month, Quinn Emanuel won an important victory for its clients the Pangang Group and three of its subsidiaries in a closely watched criminal prosecution brought under the Economic Espionage Act (EEA). Pangang is one of...more

Business Litigation Report -- September 2012

In This Issue: Trial Update; Internet Litigation Update; Russia Litigation Update; Analysis: The Federal Circuit’s Transocean Decision on Offer-To-Sell Infringement; Securities Litigation Update; Victory in Criminal...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

New Amendment to PRC Civil Procedure Law: An Analysis

On August 31, 2012, China's legislature, the National People’s Congress, approved an amendment (“Amendment”) to the PRC Civil Procedure Law (“CPL”). The Amendment presents the second time in six months that China’s top...more

In Effort to Extradite UK Man in Piracy Case, DOJ Is Overreaching

A current anti-piracy case demonstrates the U.S. government’s intent to enforce its copyright laws not just beyond national borders, but beyond the extent of logic. The U.S. Department of Justice has issued an arrest warrant...more

USA v. Poker Stars (Poker Players Alliance Amicus Filing)

THE POKER PLAYERS ALLIANCE’S MEMORANDUM IN SUPPORT OF ITS MOTION FOR LEAVE TO PARTCIPATE AS AMICUS CURIAE

The PPA is a non-profit organization, whose membership includes over a million professional and amateur poker players and enthusiasts with years of experience playing poker, is in a unique position to help inform the Court...more