International Trade Criminal Law

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Second Circuit Eases Tension Between U.S. Discovery Requirements and EU Privacy Laws

Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled &...more

Government Raids in Korea: What You Should Do When Faced with One

An on-site raid for evidence is a common tool for Korea’s enforcement authorities – particularly when the public prosecutor’s offices are taking the lead in high profile cases. This may surprise practitioners with US...more

Doing Business Outside Of The US – Does Your Company Have An FCPA Policy? – The Perils Of International Bribery

The Foreign Corrupt Practices Act of 1977 (15 U.S.C. § 78dd-1, et seq.), more popularly known as the “FCPA,” is a powerful tool that the U.S. Department of Justice uses to police international bribery in the business context....more

Corporate Investigations and White Collar Defense - July 2016

“Official Acts”—What They Are… and Are Not - Why it matters: On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act”...more

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

Second UK Deferred Prosecution Agreement Has Implications for US Corporates

“Innocent” US parent pays £6.25 million for UK subsidiary’s secret bribery. On July 11, the UK’s Serious Fraud Office (SFO) announced that it had secured its second deferred prosecution agreement (DPA). The first DPA was...more

New York State Department of Financial Services Releases Final Regulations to Enhance Anti-Money Laundering and Sanctions...

Final regulations impose certification requirements on a financial institution’s Board of Directors or Senior Officer(s) relating to BSA/AML and OFAC compliance. The New York State Register today published the final...more

The Stored Communications Act’s Warrant Provisions Do Not Apply Extraterritorially

On July 14, the Second Circuit in Microsoft v. United States ruled that the Stored Communications Act (SCA) “does not authorize a U.S. court to issue and enforce an SCA warrant against a United States-based service provider...more

New Jersey Man Prosecuted for Funneling Campaign Contributions from Foreign Source

Much of the U.S. media overlooked a Bill of Information filed in United States District Court in New Jersey on June 29. The information charged Bilal Shehu, an Albanian immigrant, with unlawfully funneling $80,000 from a...more

Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

“Run for the Hills” Validated by the Second Circuit: Warrants for Electronic Communications Cannot Apply Across International...

In the lore of the Wild West, when an outlaw needed to escape the hangman’s noose, he made a run for the border, hoping to cross the border before the sheriff could catch him. Today, with the Wild West of the Internet, where...more

Orrick's Financial Industry Week in Review

Federal Reserve Announces Extension of Conformance Period under Section 13 of the Bank Holding Company Act - On July 7, 2016, the Federal Reserve announced that it will extend until July 21, 2017 the conformance period...more

EU Proposal to Address Virtual Currency Exchanges & Wallet Providers in Anti-Money Laundering Laws

The European Commission recently published a proposal to amend the Fourth Anti-Money Laundering Directive, the legislation that specifies the anti-money laundering, or AML, and counter terrorist financing rules for EU Member...more

The Terrain of Global Anti-Bribery Compliance Challenges [Video]

In the second part of their interview, Alison Taylor, Director of advisory services at BSR, a non-profit consultancy and company network focused on sustainability and CSR, and James Cohen, an expert on anti-corruption,...more

India Supreme Court Clarifies Standard for Enforcement of Indian Prevention of Corruption Act

Earlier this year, the Supreme Court of India clarified the standard necessary to prove violations of India’s Prevention of Corruption Act, 1988 (“PCA”), in a ruling that may limit enforcement of the PCA and that has...more

Hyper-Transparency and Corporate Anti-Corruption [Video]

In part one of a two-part interview, Alison Taylor, Director of advisory services at BSR, a non-profit consultancy and company network focused on sustainability and CSR, and James Cohen, an expert on anti-corruption,...more

¡Primera Convicción de FATCA!

El 9 de Mayo del 2016, el Departamento de Justicia (DOJ) anunció su primera convicción usando FATCA. Parece ser el principio de procesos penales por el DOJ contra violaciones aparentes o presuntas de los requisitos de...more

Bridging the Week - July 2016

Government Seeks Maximum Sentence in Coscia Criminal Action: The United States Attorney’s Office in Chicago requested last week that the judge presiding over the criminal trial of Michel Coscia impose the maximum sentence...more

EU brings virtual currency exchanges and wallet providers under the EU Anti-Money Laundering Directive

On 5 July 2016, the European Commission (the Commission) adopted a proposal for a directive that, when passed, will begin to narrow the regulatory gap between the U.S. and the EU for virtual currency exchange platforms and...more

UK Market Abuse Regime Extends Its Reach: Implications for Market Participants

The new regime shares the same aims as its predecessor—to ensure the integrity of EU financial markets and enhance investor confidence—and keeps pace with market developments such as new trading platforms, new technology, and...more

This Week In Securities Litigation

Just prior to the July 4th holiday a legend of the federal securities bar passed away. Irving Pollock, or Irv as he was known, was the father of the SEC’s Enforcement Division. A New Mexico jury handed the Commission a...more

"China and the Foreign Corrupt Practices Act"

Recent U.S. Department of Justice (DOJ) policies on corporate crime prosecutions, coupled with the Chinese government’s robust anti-corruption campaign, are proving challenging for U.S. corporations with business operations...more

Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act (FCPA) / FCPA Digest

Shearman & Sterling’s bi-annual Trends & Patterns report provides insightful analysis of recent enforcement trends and patterns in the US, the UK, and elsewhere as well as helpful guidance on emerging best practices in FCPA...more

Global Trends and Business Ethics

The following is part one of a two-part guest post by Alison Taylor and James Cohen. 2016 is only half-complete, but it’s already been a pivotal year in ethics and compliance. The Panama Papers and Unaoil data leaks...more

Methinks Thou Doth Protest too Much—Bavaria Scrambles Defensively After Revelation of Looted Art Sales to Nazi Families

The revelation that Bavaria re-sold looted artworks to Nazi families while giving victims and their heirs the run-around for years has clearly touched a nerve at the Bavarian State Paintings Collection (the Bayerische...more

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