Municipality Monopoly Is Not Fun For Everyone by Sutherland Asbill & Brennan LLP on 3/19/2012 Originally published in Law360, New York (February 24, 2012). Unlawful tying arrangements are a frequent point of contention between electric cooperatives and municipalities. On Jan. 17, 2012, the U.S. Supreme Court let...more
Parliament and Council question the extent of the proposed revision to the EU public procurement regime by White & Case LLP on 3/14/2012 Since the end of February, debates have been ongoing in both the European Parliament and in the Council on the proposed revision to the EU public procurement regime. As part of an overall review of the EU public procurement...more
Five Major Freight Forwarding Companies Debarred by U.S. Government by King & Spalding on 2/29/2012 Five freight forwarders who have performed significant work for the U.S. Government and Government contractors have been added to the Excluded Party List System (EPLS), meaning that they have been debarred from U.S....more
Ineligibility of Freight Forwarders Could Cause Headaches for Defense Trade by Bryan Cave on 2/27/2012 On February 16, the government added the following freight forwarders, all of which are significantly involved in defense trade, to the Excluded Party List System (“EPLS”): (1) BAX Global, Inc.; (2) Ceva...more
Law suit alleging defamation by Competition Bureau allowed to proceed by Michael Osborne on 2/24/2012 Ontario's top court recently allowed parts of a claim that the Competition Bureau defamed suspects when it an announced bid-rigging charges against them to proceed to trial....more
Tenth Circuit Says Customer Is “Stuck Between a Rock and a Pile of Sewage”: Tying Suit Against City Moves Forward After U.S.... by Sutherland Asbill & Brennan LLP on 2/7/2012 Unlawful tying arrangements are a frequent point of contention between electric cooperatives and municipalities. On January 17, 2012, the U.S. Supreme Court let stand a decision that permits an unlawful...more
Prosecutorial misconduct stymies Department of Justice in FCPA trials by Sheppard Mullin Richter & Hampton LLP on 2/6/2012 In a stunning conclusion to the U.S. Department of Justice’s first guilty jury verdict against a corporation under the Foreign Corrupt Practices Act (FCPA), the U.S. District Court, Central District of California...more
The Expansive Reach of the FCPA Extends to Japan Again: A Second Japanese Company Resolves FCPA Charges Related to a Nigerian... by Morrison & Foerster LLP on 2/3/2012 On Tuesday, January 17, 2012, the U.S. Department of Justice (“DOJ”) filed a deferred prosecution agreement requiring Marubeni Corporation (“Marubeni”) to pay $54.6 million in criminal penalties...more
An Improved NAFTA? Investor-State Arbitration Provisions Under the Colombia-US Free Trade Agreement by Michael Diaz Jr. - Diaz Reus International... on 2/3/2012 Chapter 11 of the North America Free Trade Agreement (NAFTA) was the first international trade agreement provision to give foreign investors a direct cause of action for investment disputes against the host government in...more
A Deeper Dive into Canada's First Significant Foreign Bribery Case: Niko Resources by John Boscariol on 11/24/2011 The guilty plea of Calgary-based Niko Resources Ltd. represents the most significant development in Canada’s efforts to fight foreign bribery since the 1999 implementation of Canada’s Corruption of Foreign Public...more
Putting the Lid on State-Sanctioned Cartels: Why the State Action Doctrine in its Current Form Should Become a Remnant of the Past by Eric Gorman on 10/10/2011 This Article argues that not only is it appropriate to rein in expansion of the state action doctrine, but also courts should go one step further and remodel the doctrine to more closely resemble the European Union’s...more
FCPA Settlement Agreements, Monitors and Self Monitoring by John Hanson on 8/31/2011 This article explores an apparent trend of the DOJ less frequently requiring Independent Corporate Monitors as part of their settlement agreements (i.e. deferred prosecution agreements, non-prosecution agreements,...more
Remote Control - Anti Corruption Laws Toughen Up for Businesses in China by Richard Kimber on 8/10/2011 The lesson for all companies conducting operations in China, especially if affiliates or subsidiaries of US or UK headquartered companies, is that detailed compliance programmes will need to be instituted. Regulatory...more
Business News Digest- June 2011 by Venable LLP on 6/9/2011 Venable attorneys produce periodic alerts and newsletters covering a variety of topics and practice areas. For your convenience, we have assembled below a collection of the latest alerts and newsletters from March 2011. To...more
Bribery Act 2010 Guidance in the UK by BPE Solicitors LLP on 3/30/2011 Useful guidance from the UK Government on the application of The Bribery Act 2010....more