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Credit Crunch Digest -- March 2013

This issue of the Credit Crunch Digest focuses on developments in antitrust-based Libor claims against major banks; the status of European Union investigations into Libor manipulation; developments in IndyMac-related...more

A Closer Look at the Griffiths Energy Case: Lessons and Insights on Canadian Anti-Corruption Enforcement

On January 25, 2013, the Alberta Court of Queen’s Bench approved a $10.35 million penalty against Griffiths Energy International Inc. (Griffiths) for a violation of the Corruption of Foreign Public Officials Act1 (CFPOA) in...more

Canadian Government Announces Proposed Amendments to Anticorruption Law

Amendments aim to improve enforcement of Canadian foreign corruption law by expanding jurisdiction, creating a books and records offense, eliminating the facilitation payments exception, redefining "business" and enforcement...more

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

On February 5, 2013 Bill S-14, the Fighting Foreign Corruption Act was introduced in Canada’s Senate. It proposes the most significant amendments to the Corruption of Foreign Public Officials Act (CFPOA) since it came into...more

Human Trafficking: California and President Obama Lay Out New Requirements for Prevention of Human Trafficking and Forced Labor

December 2012 marks the beginning of a new compliance regime. California Attorney General Kamala Harris heads into the new year with a list of targets provided by the California Franchise Board, which identifies those...more

USA v. Fishenko et al.

Letter to the Court Moving for a Permanent Order of Detention

The Federal Bureau of Investigation (FBI) on October 3, 2012 released the following: “Russian Agent and 10 Other Members of Procurement Network for Russian Military and Intelligence Operating in the U.S. and Russia...more

USA v. Fishenko et al

Federal Criminal Indictment

The Federal Bureau of Investigation (FBI) on October 3, 2012 released the following: “Russian Agent and 10 Other Members of Procurement Network for Russian Military and Intelligence Operating in the U.S. and Russia...more

Anti-Corruption Compliance Message Received? Risk Assessment Is Your Next Step

Recent enforcement activities in Canada under its Corruption of Foreign Public Officials Act (CFPOA), including the conviction of Niko Resources Ltd. (Niko) in June of last year and ongoing high-profile Royal Canadian Mounted...more

Parliament and Council question the extent of the proposed revision to the EU public procurement regime

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

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

The Expansive Reach of the FCPA Extends to Japan Again: A Second Japanese Company Resolves FCPA Charges Related to a Nigerian...

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

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

Anti-Bribery Legislations: A Business Barrier?

The enactment of Anti-Bribery legislations had impacted how a corporation can do business around the globe. Some of those legislations, namely Foreign Corrupt Practices Act 1977 (FCPA) and UK Bribery Act 2010, are long-arm...more

A Deeper Dive into Canada's First Significant Foreign Bribery Case: Niko Resources

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

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

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

Business News Digest- June 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

Compliance Convergence: Export Control

This article, authored by Thomas R. Fox and offered with his permission, discusses the need for comprehensive export control programs, policies and procedures that address the many government requirements and controlling...more

China Beefs Up Its Anti-Bribery Law With Its Very Own Version Of The FCPA

Companies doing business in the People's Republic of China (“PRC”) have yet another path to potential criminal liability. On February 25, 2011, the PRC legislature passed 49 amendments to the PRC Criminal Law. One such...more

Recovery Act and Updates to "Buy American"

On March 25, 2010, the Office of Management and Budget ("OMB") offered three small, yet significant, amendments to the rules implementing the "Buy American" requirement of the American Recovery and Reinvestment Act of 2009...more

New 2010 Updates to Buy American and Trade Agreements Dollar Thresholds; Buy American Requirements Remain Elusive and Complicated

Effective January 1, 2010, the U.S. Trade Representative (USTR), Ronald Kirk, published new dollar thresholds determining the applicability of the Buy American Act (BAA), the Trade Agreements Act (TAA), and (potentially)...more

The Moment of Truth Has Arrived -- "Made In Taiwan" Now Qualifies Under the TAA

In early July, we discussed that fact that Taiwan would soon be an approved country of origin for purposes of the Trade Agreements Act. This was, in our view, good news and a welcome development. Many others thought so,...more

Country of Origin - "Made In Taiwan" Will Soon Be TAA Compliant - China Continues to Dawdle - Costa Rica, Peru, and Oman also...

On June 16, 2009, Taiwan (aka Chinese Taipei) took the penultimate step in acceding to the World Trade Organization's Government Procurement Agreement (WTO GPA), which will eventually grant Taiwan "free trade partner" status...more

Recovery Act Update - U.S. Stimulus: "Buy American" - PRC Stimulus: "Buy Chinese" - Canada and WTO: "Not Pleased"

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), known popularly by a variety of names, including “ARRA,” the “Recovery Act,” and the “Stimulus...more