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Alert: Civil Claims for Bribery: an Overview of the English and Common Law Position

Take a simple bribery scenario. A foreign Government Minister is the key decision-maker for the award of a contract to build and operate infrastructure, say a toll road. A UK contractor wins the contract in a purportedly...more

Medical Device Companies Face Severe FCA Penalties for TAA Violations

A spate of recent multi-million dollar settlements has shown that medical device manufacturers are subject to substantial liability under the False Claims Act (FCA) if they misstate the country of origin of their products in...more

FinCrimes Update - February 2015 Summary, Volume 2, Issue 2

On February 25, New York DFS Superintendent Benjamin Lawsky delivered remarks at Columbia Law School focusing on how state bank regulators can better supervise financial institutions in a post-financial crisis era. In his...more

New Anti-Trafficking Rule Presents Significant Challenges for Government Contractors

Effective today, a new Anti-Trafficking rule will substantially change and increase federal contractors’ compliance and certification requirements. ...more

Bribery and Compliance in India: Know the Challenge and Prepare for It

Today I welcome Sherbir Panag, for another post in my series of country discussions, where we will address Bribery and Anti-Bribery Compliance in India. As a forward, this was an interesting engagement, as it provided me...more

Eleventh Circuit Upholds the U.S. DOJ’s Expansive Approach to Anti-Corruption Enforcement

On February 9, 2015, the Eleventh Circuit affirmed Jean Rene Duperval’s convictions for money laundering and conspiracy to commit money laundering, approving the U.S. Department of Justice’s (“DOJ”) expansive approach to...more

MoFo Global Procurement Quarterly: Winter 2015

In This Issue: - Protection of Security Relevant Information vs. Enhancement of Global Competition – Germany's "No Spy Decree" for Public Tenders under Continuous Scrutiny - RWIND Tenderer Test: Objective or...more

Guest Post: Why Debarment Is Different–A Reply to Professor Stephenson

As the recent OECD Foreign Bribery Report made clear, debarment (prohibiting the defendant company or individual to engage in future government contracting) is very rarely used as a sanction in foreign bribery cases, most...more

Anti-Bribery Compliance in Canada: An Interview with Kristine Robidoux

Today we welcome Kristine Robidoux, Partner, Gowlings, for a view of anti-bribery and compliance issues from Canada. RB: Hello Kristine, thank you for joining me in today’s interview, as we try to share some of the...more

Locke Lord QuickStudy: Legal Risks for Brazilian and U.S. Persons Arising From U.S. Investigations of Petrobras

One of Brazil’s largest corruption investigations – an investigation involving Petrobras, Brazil’s government-controlled oil company – has attracted the attention of United States prosecutors and regulators....more

Electronic waste rules could help thwart flow of counterfeit parts

As highlighted in a report by the U.S. Senate Armed Services Committee, a flood of counterfeit electronic parts from China threatens the reliability of sophisticated defense technologies from thermal weapon sights to advanced...more

Business Lit Ledger -- Fall 2014

In This Issue: - Promoting the False Claims Act By Dismissing Meritless Qui Tam Actions -Delaware Supreme Court Extends Shareholder Books and Records Inspection Rights to Privileged Internal Investigation...more

Biggest Risk of Corruption in The Construction Industry - The Global Picture 2014

The construction industry is big business. A recent study has predicted that global construction output will increase by more than 70%, to US$15 trillion per year worldwide, by 2025. The dominant sources of this growth will...more

Shelter from the Coming Storm: Anti-Corruption Compliance in European Public Procurement

A red sky at morning is the traditional harbinger of ill weather. From our vantage point in Brussels, we’ve scanned the horizon for signs of the future of anti-bribery enforcement activity in Europe. We’ve identified four...more

Esquenazi Part II – The Test For Determining An Instrumentality Under The FCPA

In Part I of my review of the 11th Circuit Court of Appeals decision in the Esquenazi case, I reviewed the Court of Appeals opinion. Today, in Part II, I want to drill down further and examine the test developed by the Court...more

From FCPA to Export Compliance: Avoiding the Slippery Slope to a Compliance Violation

The second half of 2013 saw the continued expansion of FCPA enforcement by the DOJ and the SEC. The decrease in the scope of protections afforded to whistleblowers will lead to an increase in the number of FCPA potential...more

UK SFO Drops High-Profile Corruption Case

The trial of Victor Dahdaleh in London has collapsed due to the absence of key prosecution witnesses. The UK’s Serious Fraud Office (SFO) recently dropped its case against Victor Dahdaleh, the British-Canadian...more

The European Commission Unveils its First EU Anti-Corruption Report, Highlighting the Continuing Risk of Corruption in EU Member...

On February 3, 2014, the European Commission published its first Anti-Corruption Report (the “Report”). The Report covers all types of corruption, including political corruption, bribery of public officials, and private or...more

The Compliance Crystal Ball—Top 10 Compliance Trends For 2014

It is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014. 1. Executive Order 13627 Changes Government Contracting - Want a government contract...more

Red Notice Newsletter - December 2013

Introduction - Welcome to the December 2013 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, an oil services giant agrees to pay over a quarter...more

Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity

Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual...more

All In The Family: Enforcement Focus On Hiring Of Relatives Of Foreign Officials

Can you imagine being the public relations director for China these days?...more

Two Cases From The Fifth Circuit Impacting Claims Of Bribery And Corruption

Over the past two weeks there were two separate Fifth Circuit Court of Appeals cases dealing with allegations of bribery and corruption....more

Changes to Canada’s Anti-Corruption Regime Are Now in Force

On June 19, 2013, Bill S-14: The Fighting Foreign Corruption Act, received Royal Assent, thereby bringing into force the most significant changes to Canada’s anti-corruption legislation, the Corruption of Foreign Public...more

PEMEX Files Suit to Recover $160 Million in Bribery Case

Mexican state oil company Pemex has filed a lawsuit in New York seeking to recover nearly $160 million from Germany's Siemens and South Korea's SK Engineering & Construction Co. Ltd. in a global bribery case, a law firm...more

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