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Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

Corruption Crime and Compliance Podcast Episode 2 -- Ethics and Profits

by Michael Volkov on

With the increased focus on corporate culture, chief compliance officers have to educate the board and senior management on the inextricable link between an ethical culture and financial profitability. In this episode of...more

Red Notice Newsletter - February 2017

Acting SEC Chief Limits Subpoena Authority to Enforcement Division Acting Director - On February 15, 2017,The Wall Street Journal reported that the acting Chair of the Securities and Exchange Commission (SEC), Michael...more

2016 – A Bad Year For Bad Guys in Energy

by Gray Reed & McGraw on

Let’s look back at a cavalcade of crooks, criminals and miscreants who met up with justice in 2016. We do it to be reminded of the others who will be lurking in the 2017 shadows....more

Mifune Gets a Star on the Walk of Fame-the Petrobras Scandal Only Gets Worse

by Thomas Fox on

(...) I had always thought that the Hollywood Walk of Fame honors actors but it turns out that it honors a great many more performers. For instance, next year will also see names like LL Cool J, Cyndi Lauper, Shirley Caesar,...more

Corporate Investigations & White Collar Defense - May 2015

It’s an Absolute Privilege to Meet You! Texas Supreme Court Rules That Internal Investigation Report Provided by Shell Oil to DOJ Enjoys “Absolute Privilege” - Why it matters: On May 15, 2015, the Texas Supreme Court...more

Newsletter: March 2015

In This Issue: - Main Article: .. Inter Partes Review and the ITC: The Benefits and Risks of Filing IPR on Patents Asserted in an ITC Investigation - Noted With Interest: .. Securities Act Claims...more

First Criminal Prosecution for Spoofing: High Frequency Trading Firm Owner Indicted in Northern District of Illinois

On October 2, 2014, the U.S. Attorney for the Northern District of Illinois announced the indictment of Michael Coscia, the owner of Panther Energy Trading (“Panther”), for six counts of commodities fraud and six counts of...more

UK Government Proposes New Insider Dealing Powers in the Wholesale Energy Markets

by Dechert LLP on

The Department of Energy and Climate Change published a Consultation on 6 August 2014 seeking views on its proposals to introduce new criminal offences for insider dealing in and the manipulation of the wholesale energy...more

Red Notice Newsletter - August 2014

Welcome to the August 2014 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, the former CEO of an aviation company pleads guilty to participating in an...more

UK Bribery Act: Serious Fraud Office Announces its First Prosecutions

On 14 August, the Serious Fraud Office (SFO) announced that four men connected to Sustainable AgroEnergy plc have been charged with offences of conspiracy to commit fraud by false representation and conspiracy to furnish...more

We Say Good-Bye To The Secretary Of Defense And Total Says Hello To Two Monitorships – Total Part III

by Thomas Fox on

Today I finalize my review of the Total SA (Total) Foreign Corrupt Practices Act (FCPA) enforcement action....more

Return To The Baker’s Dozen In A Best Practices Compliance Program – Total Part II

by Thomas Fox on

Yesterday I reviewed the facts surround Total SA’s (Total) lengthy bribery scheme to win contracts in Iran....more

Total Settles FCPA Bribery Claims for $398M

On May 29, French oil and gas company, Total SA, agreed to pay $398 million to settle US civil and criminal allegations that it paid bribes to win oil and gas contracts in Iran in violation of the Foreign Corrupt Practices...more

Total S.A. to Pay $398.2M to Settle Alleged FCPA Violations

by BakerHostetler on

On May 29, 2013, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) announced agreements with Total S.A. (Total) to settle alleged Foreign Corrupt Practices Act (FCPA or the Act) violations for a...more

Total Switches To Settle Rather Than Fight

by Thomas Fox on

For anyone who grew up in the 1960s, I am sure that you remember the touchstone slogan for Tareyton cigarettes, “I’d rather fight than switch”. ...more

Corruption in The Energy Sector: Criminal Fines, Civil Judgments, And Lost Arbitrations

by JAMS on

Synopsis - This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal...more

Anti-Corruption Law And The Oil And Gas Industry: Evolutions In Both Demand Vigilance

by Pepper Hamilton LLP on

Businesses in the oil and gas industry are cautioned to pay careful attention to evolutions in anti-corruption law in the jurisdictions where they operate. The U.S. government has successfully enforced the Foreign Corrupt...more

How to Conduct Routine Internal Investigations

by Michael Volkov on

The art of day-to-day internal investigations has been ignored in favor of media reports on high-profile, high-stakes internal investigations. With the increasing threat of whistleblower complaints and increasing...more

Doing Business In Italy - Step Up Your FCPA Compliance Now

by Thomas Fox on

Former Italian Prime Minister Silvio Berlusconi is no stranger to scandal and controversial statements, but lately his words and actions seem to be providing cause for concern outside of the European Union....more

Are Prosecutors Pushing the Envelope Too Far?

by Michael Volkov on

Federal prosecutors continue their aggressive enforcement of criminal laws against companies and individuals using aggressive investigative techniques, novel theories and new strategies which are testing the limits of due...more

Anti-Corruption Risks for Private Equity -- Portfolio Companies

by Michael Volkov on

The Justice Department and the SEC are targeting private equity companies for anti-corruption enforcement. Private equity companies are most at risk in their ownership of private equity companies....more

ANTI-CORRUPTION COMPLIANCE: DRILLING DOWN ON DOCUMENTATION

by Michael Volkov on

A key, but often overlooked, part of any anti-corruption compliance program is the need to document decisions made by the company. Documentation is critical to demonstrate the company's intent -- the absence of criminal...more

QUESTIONING CORPORATE CRIMINAL LIABILITY

by Michael Volkov on

The Obama Administration is aggressively prosecuting companies for criminal violations of anti-corruption, health care, labor and environmental laws. This article examines the aruments for and against imposing criminal...more

PERSON OF THE YEAR -- THE CHIEF COMPLIANCE OFFICER

by Michael Volkov on

The person of the year for 2011 -- The Chief Compliance Officer...more

MATERIALITY AND FCPA DISCLOSURES

by Michael Volkov on

This article examines the issue of materiality and FCPA disclosures...more

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