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PRC Amends Criminal Law As It Relates to Bribery and Corruption

On August 29, 2015, the Standing Committee of the National People’s Congress enacted the Ninth Amendment to the Criminal Law of the People’s Republic of China (the “Amendment”), following two rounds of public consultation....more

Business Litigation Alert - "Fraud Alert: Even Lawyers Get Scammed"

Law Firms Lose Millions in Wire Transfer Scheme - Unfortunately, it has become all too easy for companies and individuals to become the victims of fraud, and law firms are not immune from this risk. ...more

FIFA Investigation Ensnares President Blatter

After months of speculation about potential legal ramifications for FIFA President Joseph (“Sepp”) Blatter, the Office of the Attorney General of Switzerland announced that Mr. Blatter is the subject of criminal proceedings...more

The World Bank: Confronting Poverty without Corruption

I was recently reading an article about a former UN consultant who was convicted and sentenced for conspiring to inflate prices for a UN contract to distribute pharmaceuticals to the DNC. As part of the investigation, e-mail...more

Look At Business Strategy Before the Bribe [Video]

In my multi-part interview with Jenny Hammond, Business Correspondent, European CEO, I share the danger that management incurs when they forecast aggressive growth in frontier markets, where lucrative business opportunities...more

HorrorFest 2015 Celebration I- The Films of Val Lewton and a Win for the DOJ

Today, October 2, is the first Friday in October so I begin my annual month of Friday HorrorFest Film highlights. This year I wanted to highlight the films of one of the great unknowns of horror films, Val Lewton. Lewton, a...more

European Competition Law Newsletter – October 2015

On 14 September 2015, an individual (Nigel Snee) was sentenced by a UK court to six months of imprisonment, suspended for 12 months, for committing the criminal “cartel offence”. He was also ordered to do 120 hours of...more

Section 230 of the Communications Decency Act: More Lessons to Be Learned

Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s...more

DOJ Sets Its Sights on Directors and Officers

Whether publicly traded or privately held, corporate boards have been put on notice – the Department of Justice (Justice or DOJ) is after you! On September 9th, DOJ issued a memo entitled: Individual Accountability for...more

CEO Conviction Aligns With Trend of Aggressive Foodborne Illness Prosecutions

The former CEO of Peanut Corporation of America (PCA), has been sentenced to an unprecedented 28 years for his role in the 2008-09 Salmonella outbreak linked to the deaths of nine people and more than 700 illnesses. While it...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19253 - RBC Nice Bearings, Inc. v. SKF USA, Inc. [An important decision on contract waiver but one all attorneys should recall from the UCC or Contracts course we took...more

DOJ Focuses on Individual Accountability: New Guidance for Corporate Investigations Places Pressure on Companies and Boards to Put...

On September 9, 2015, the Department of Justice (“DOJ”) issued new guidance on individual accountability for corporate wrongdoing. In the memorandum and an accompanying speech by the Deputy Attorney General Sally Q. Yates,...more

DOJ Clarifies Position on Individual Accountability in Corporate Investigations

Earlier this month, we discussed a memorandum issued by Deputy Attorney General Sally Quillian Yates of the U.S. Department of Justice (DOJ). This memorandum, referred to as the “Yates Memo,” reaffirms the Government’s...more

U.S. Department of Justice issues new guidance on individual accountability for corporate wrongdoing

On Sept. 9, 2015, the U.S. Department of Justice issued new guidance (“DOJ Guidance”) instructing DOJ criminal and civil attorneys to place a greater emphasis on accountability of the individuals responsible for corporate...more

Financial Fraud: An SEC Staple?

Since the SEC announced the formation of its Financial Fraud Task Force two years ago the agency has struggled to establish this once enforcement mainstay as a current staple. Some commentators have suggested that a trend is...more

UNDER THE BUS: Feds’ New Focus On Individual Wrongdoers Has Implications For Employers

The U.S. Department of Justice has recently issued a memorandum entitled “Individual Accountability for Corporate Wrongdoing.” According to the Memorandum, companies involved in federal criminal and civil investigations will...more

The Department of Justice's Focus on Individual Accountability for Corporate Wrongdoing

The Department of Justice's Focus on Individual Accountability for Corporate Wrongdoing - The Department of Justice (DOJ) recently issued a memo reiterating its commitment to the criminal and civil investigation and...more

Antitrust Matters - September 2015

Antitrust investigations are no longer limited to a nation’s borders, or even to a region. Enforcers are more and more sharing information and coordinating their investigative efforts as they strive to uniformly enforce the...more

Executives in the Crosshairs: DOJ Increases the Focus on Individuals to Combat Corporate Wrongdoing

Earlier this month, the Deputy Attorney General of the Department of Justice (“DOJ”) released a memorandum (“Guidance”) setting forth six key steps to which DOJ attorneys should adhere in the investigation of corporate...more

Corporate Executives in the Cross-Hairs: U.S Department of Justice Amps Up Quest for Individual Accountability for Corporate...

This month, the United States Department of Justice issued an unambiguous directive to its army of white-collar prosecutors – hold individuals accountable. By publishing its “new” internal policies to the New York Times, it...more

Assistant Attorney General Caldwell Clarifies Application of Yates Memo on Individual Accountability

On September 22, 2015, the U.S. Department of Justice’s Assistant Attorney General in charge of the Criminal Division, Leslie R. Caldwell, spoke at the Global Investigations Review Conference in New York, addressing the...more

New DOJ Policy Alert: Here's Looking at You, Kid - DOJ Announces Six Specific Steps to Hold Individual "Corporate Wrongdoers"...

Why it matters: On September 9, 2015, Deputy Attorney General Sally Quillian Yates issued a memo to all DOJ department heads and U.S. Attorneys which detailed the Government's new policy centered on accountability for the...more

Unprecedented Hacking and Trading Scheme Highlights Key Cybersecurity Lessons

On Aug. 11, 2015, federal prosecutors in the District of New Jersey and the Eastern District of New York unsealed indictments against nine individuals in the U.S. and Ukraine who were allegedly involved in a five-year,...more

Thirteenth Individual Convicted in Medicare Psychiatric Treatment Fraud

On September 10, a Houston psychiatrist became the thirteenth individual convicted in relation to partial hospitalization program (PHP) services fraudulently billed to Medicare. The psychiatrist was convicted by a federal...more

Claim Against The United States Cannot Be Assigned - Fee Award Fails Too

In U.S. v. Kim, 2015 DJDAR 9233, the United States Court of Appeals for the Ninth Circuit decided a complex case under the Civil Asset Forfeiture Reform Act (CAFRA). An attorney successfully represented a family in...more

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