Criminal Law, Commercial Law & Contracts, Business Organization

Q&A With Carlton Fields' Kevin Napper

by Kevin Napper | Carlton Fields on 5/14/2013

Kevin J. Napper is a shareholder in Carlton Fields' Tampa, Fla., office. He has practiced in the areas of white collar criminal defense, governmental investigations, internal investigations, and complex civil trial law for...more

CIS Legal Update - May 2013: Measures Taken to Strengthen Russian Anti-Corruption Laws

by Laura Brank, Olga Watson, Jeremy Zucker | Dechert LLP on 5/14/2013

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

The Compliance Stepchild: Antitrust

by Michael Volkov on 5/13/2013

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

What Companies Can Learn From The Ralph Lauren Corporation FCPA Case

by Lauren DeSantis-Then, Noam Fischman, Jonathan Rosen | Polsinelli on 5/7/2013

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

Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy

by Steven Brodie, Joseph Lang Jr., Sylvia H. Walbolt | Carlton Fields on 4/24/2013

In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more

What’s The Message From BizJet? Self-Disclose And Cooperate

by Thomas Fox on 4/19/2013

Over the past week there has been a plethora of Foreign Corrupt Practices Act (FCPA) enforcement actions released. One group was the four enforcement actions involving individuals concerning BizJet. While I cannot say that...more

The Harder They Fall

by Michael Volkov on 4/18/2013

As the old saying goes, even a broken clock is correct two times a day. My prediction several weeks ago is turning out to be on target. FCPA enforcement is continuing and will increase throughout the year – DOJ/SEC...more

They Are Back, Although They Never Really Left, thebriberyact.com Guys

by Thomas Fox on 4/12/2013

Unlike that fabulous song-writing team of Lennon and McCartney, these two guys promised that they would be back and from what we have seen over the past few weeks, they have kept to their collective word. Yes, those two...more

New Anti-Corruption Provisions in EU Legislation: Increased Accountability for Mining, Oil and Gas Companies

by Neil Gerrard, Miriam Gonzalez, Jonathan Pickworth | Dechert LLP on 4/11/2013

Large non-listed companies incorporated in the European Economic Area (“EEA”) which operate in the oil, gas and mining sectors will need to annually disclose any payments made to the national, regional or local authority of a...more

Q: Do You Tell The Central Bank What To Do? A: ‘In Which Country’?

by Thomas Fox on 4/10/2013

Last weekend in the Financial Times (FT) was a report by Tim Burgis of an interview he held over a lunch meeting with the Angolan Isabel dos Santos, who Forbes magazine recently declared “the continent’s first female...more

Criminal Sentencing Of Corporations

by Michael Volkov on 4/1/2013

Contrary to former candidate Romney’s view of the world (“Corporations are people”), you cannot put a company in jail. Try as you might, it just can’t be done....more

The Truth Behind Gifts, Meals And Entertainment Enforcement

by Michael Volkov on 3/29/2013

It is time for everyone to take a deep breath. The DOJ/SEC Guidance could not have been clearer. The message to companies – stop devoting so much time to building, tinkering with, and monitoring their policies governing...more

Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain...

by Elizabeth Banzhoff, Elizabeth Breakstone, Jean-Jacques Cabou, T. Markus Funk, Michael Sink | Perkins Coie on 3/21/2013

Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the...more

Is China Getting Serious or Redirecting Responsibility? New guidance on Chinese Anti-Bribery Enforcement

by Thad McBride, Reid Whitten | Sheppard Mullin Richter & Hampton LLP on 2/21/2013

For years, a significant number of Foreign Corrupt Practices Act (FCPA) enforcement actions have focused on or involved the People’s Republic of China (PRC), Chinese subsidiaries, or Chinese officials. It is hard to avoid...more

Failing To Act: Lessons From 2012 FCPA Enforcement

by Michael Volkov on 2/12/2013

FCPA practitioners tend to repeat themselves. Some of the points we make need to be repeated, and some do not. Businesses are not able to react as quickly as they should in response to potential risks and possible...more

Significant Amendments Proposed to Strengthen Canada’s Anti-Corruption Regime

by Thomas Fox on 2/7/2013

Ed. Note-this week there was a-buzz from North of the Border where it was announced that Canada was considering amendments to strengthen the Canadian anti-corruption law, the Corruptions of Public Officials Act. I ask John...more

Canadian Anti-Corruption Amendments

by Milos Barutciski | Bennett Jones LLP on 2/6/2013

Following the announced amendments to Canada’s Corruption of Foreign Public Officials Act (CFPOA), which we wrote about here, there are changes that will likely bring more scrutiny for Canadians and Canadian businesses...more

Socio-Economic and Cultural Risk Factors That Drive Corruption”: A Focus on the ‘Demand Side’ of the Equation

by Thomas Fox on 2/5/2013

Yesterday we discussed Occupational Fraud and how, according to the ACFE, survey participants estimated that the typical organization loses 5% of its revenues to fraud each year. Applied to the 2011 Gloss World Product, the...more

A Status Check On The UK Bribery Act

by Michael Volkov on 2/4/2013

The UK Bribery Act is still on the books – and there is very little enforcement action to report. Instead, we are treated to new personnel, policies and practices surrounding the UK Bribery Act, which so far has not amounted...more

Amnesty for Armstrong? Lessons for the Compliance Practitioner

by Thomas Fox on 2/1/2013

The Lance Armstrong saga continues to provide many lessons for the compliance practitioner. A recent article on ESPN.com, entitled “Lance calls for amnesty program”, reported that Armstrong has come out in favor of those who...more

Establishing an Effective Compliance Program: An Overview to Protecting Your Organization

by Daniel Small, Kwamina Thomas Williford | Holland & Knight LLP on 1/31/2013

In This Issue: - Overview - Standards and Procedures - Organizational Leadership and Culture - Reasonable Efforts to Exclude Bad Actors From Managerial Ranks - Training and Education - Monitoring,...more

Understanding & Mitigating Third Party Corruption Risk Under Canada’s Corruption of Foreign Public Officials Act

by John Boscariol on 1/31/2013

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

Avoiding “Responsible Person” Liability For Payroll and Sales Taxes

by Chad Williams III | Saul Ewing LLP on 1/25/2013

One benefit of conducting business through a corporation, limited liability company or other limited liability entity is the “shield” from personal liability that these entities generally afford stockholders, directors and...more

Environmental Crimes and Punishment

by Randall M. Lutz | Saul Ewing LLP on 1/24/2013

A few years ago the president of a well-known food brand was convicted and sentenced to serve nine months in federal prison for failing to stop his plant from engaging in a practice that he knew was a violation of...more

The FCPA Guidance on the Ten Hallmarks of an Effective Compliance Program

by Thomas Fox on 1/23/2013

Many commentators are still mining the Department of Justice (DOJ)/Securities and Exchange Commission (SEC) publication, A Resource Guide to the U.S. Foreign Corrupt Practices Act, (the “Guidance”), which was released last...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Criminal Law › Commercial Law & Contracts › Business Organization