Criminal Law, Labor & Employment Law, Commercial Law & Contracts

Anti-Corruption High-Risk Audits

by Michael Volkov on 4/29/2013

The Justice Department and the SEC should be credited with promoting new compliance strategies and best practices. Whatever you may think about the DOJ/SEC FCPA enforcement program, they have pushed businesses to enhance...more

Years Later, PCA Employees Indicted

by Steve Kluting | Varnum LLP on 4/15/2013

I had the following email exchange earlier this year with a concerned client: Client (in late January 2013): "Hi Steve, I was wondering if you knew of any cases where employees were prosecuted for not following...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

Government Issues New FCPA Guidance: $12,000 Birthday Party Not the Way to Go

by Yonaton Aronoff | Foley & Lardner LLP on 4/2/2013

Employers concerned about their organizations’ FCPA compliance have a new, free resource available to them. Recently, the DOJ and the SEC published a long-awaited FCPA guidance for employers. The comprehensive guidance...more

Safety And HR Consultants Beware: Unlicensed Private Investigator Convicted

by Adrian Miedema | Dentons on 3/21/2013

Health and safety and human resource consultants who conduct investigations or retain outside experts to do so, should pay attention to a court decision in which an Ontario man was convicted of acting as a private...more

Distribution in China – Legal Issues Part IV. Drafting the Distribution Contract

by John Huang, Kevin Qian, Frank Schoneveld | McDermott Will & Emery on 3/21/2013

“Distribution in China – Legal Issues” is a four-part series. Part I discussed the business models and legal structures most commonly used for distribution in China. Part II looked at important issues to consider in the...more

Limiting Intra-Company Conversations About Disputes is Critical

by Shep Davidson | Burns & Levinson LLP on 3/8/2013

When an employee talks to in-house or outside counsel for the purpose of obtaining legal advice for the company, that communication will be privileged and can be protected from disclosure. Likewise, when in-house counsel is...more

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

by Thomas Fox on 2/6/2013

This is the last installment of my three party series regarding Occupational Fraud. One can never lose focus on what I consider the key question as they enter or play within the international arena: What are the...more

Theft of Trade Secrets Clarification Act of 2012: A Powerful New Weapon for Businesses

by Robert A. Bleicher | Carr, McClellan, Ingersoll, Thompson & Horn -... on 2/5/2013

On December 28, 2012, the President signed the Theft of Trade Secrets Clarification Act of 2012, which significantly expands trade secret protection by extending criminal penalties to the theft of a wider class of trade...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

Siemens Whistleblower Complaint Underscores Need for "Top-Down" Anti-Corruption Compliance

by Anthony Moshirnia | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of foreign officials for the purpose of obtaining or retaining business. That...more

Corporate Responsibility for Human Trafficking & Five Steps that Your Company Can Take Right Now

by Foley Hoag LLP - Corporate Social... on 12/1/2012

In a landmark speech to the Clinton Global Initiative in September 2012, President Barack Obama declared that the “fight against human trafficking is one of the great human rights causes of our time” and that “our global...more

Don't Fear The Reefer: Legalization of Marijuana To Have Little Effect on WA Employers

by Fisher & Phillips LLP on 11/14/2012

On November 6, 2012, Washington became a national trailblazer when voters approved a state initiative legalizing the recreational use of marijuana (Colorado passed a similar law the same day). As of December 6, 2012, it will...more

The Reality of Compliance: The Individual Employee

by Michael Volkov on 8/8/2012

I have had more than one corporate general counsel tell me that anti-corruption compliance is not very effective in protecting against foreign bribery. Their argument is that a company’s compliance program boils down to the...more

Best Practices When Launching an Internal Investigation (Part I of II)

by Michael Volkov on 7/9/2012

I thought I would take two posts to examine best practices for initial stages of internal investigations: Part I examines the launch of an internal investigation. Part II examines initial internal investigation plans....more

Outsourcing Under the New Venezuelan Labor Law

by Littler on 6/29/2012

The recent amendments to Venezuela's Organic Labor Law impact local and multinational employers in many aspects, especially with regard to the practice of outsourcing. The new Organic Law of Labor and Workers (known as the...more

En Banc Ninth Circuit Limits Scope of Computer Fraud and Abuse Act - Terms of Use Do Not Restrict Authorized Access

by Fenwick & West LLP on 4/12/2012

On Tuesday, April 10, 2012, the Ninth Circuit, in an en banc decision penned by Judge Kozinski, held that an employee could not be criminally liable under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”) for...more

Learn about Section 1519 By Zachary A.P. Oubre

by McAfee & Taft on 2/23/2012

Originally published in The Journal Record - February 23, 2012. If your company interacts with the federal government, business just got more complicated. In 2002, Congress passed 18 U.S.C. § 1519 as part of...more

Focusing on Criminal Intent

by Michael Volkov on 2/17/2012

One area where compliance officers and practitioners need to focus is on the requisite intent for a criminal violation. For compliance officers facing difficult policy choices on FCPA compliance policies, the touchstone...more

Final Dodd-Frank Whistleblower Rules Do Not Mandate Internal Reporting; May Dramatically Reshape FCPA Enforcement

by Morgan Lewis on 5/28/2011

On May 25, 2011, a divided Securities and Exchange Commission (SEC) approved final rules to implement the SEC whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Because...more

Litigation Alert Ninth Circuit Holds Computer Fraud and Abuse Act Criminalizes Employee’s Access To Information In Violation Of...

by Fenwick & West LLP on 5/3/2011

On Thursday, April 28, 2011, the Ninth Circuit, in a split decision, held that an employee could be criminally liable under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”), for exceeding authorized access to...more

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