Mergers & Acquisitions Administrative Agency Criminal Law

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DOJ and SEC Release Long-Awaited FCPA Guidance

On November 14, 2012, the Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) jointly released A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Guide”). The Guide is intended to...more

Good News, Bad News and Missed Opportunities on “Successor Liability”

The FCPA Guidance contains good news and bad news. When I ask one of my kids which they want to hear first … they inevitably choose bad news first. With that in mind, the FCPA Guidance includes relatively bad news on...more

DOJ and SEC Release Much-Anticipated Guidance on FCPA

In recent years, corporations in the United States and around the world have seen record levels of enforcement of the Foreign Corrupt Practices Act ("FCPA"), resulting in billions of dollars of civil judgments and numerous...more

Department of Justice and Securities and Exchange Commission Issue Highly Anticipated Foreign Corrupt Practice Act Guidance

On November 14th, the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) jointly published “A Resource Guide to the U.S. Foreign Corrupt Practices Act” (the “Guide”), their long-awaited and...more

2012 FCPA Guidance: Key Points and Analysis

On November 14, 2012, the U.S. Department of Justice and the Securities and Exchange Commission released their long-awaited Foreign Corrupt Practices Act guidance in the form of a 120-page document entitled “A Resource Guide...more

DOJ and the SEC to U.S. Businesses: We Expect Action on Effective Compliance Programs

Based on my experience as a U.S. Attorney, I see the new joint Department of Justice (“DOJ”) and Securities Exchange Commission (“SEC”) Resource Guide to the Foreign Corrupt Practices Act (“FCPA”) as a game changer that...more

"SEC and DOJ Release Highly Anticipated FCPA Resource Guide"

On November 14, 2012, the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) jointly released the long-anticipated Resource Guide to the U.S. Foreign Corrupt Practices Act. The Resource Guide tracks...more

DOJ and SEC Release Long-Awaited FCPA Resource Guide

On November 14, 2012, the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) released their long-anticipated guidance on the U.S. Foreign Corrupt Practices Act (FCPA), entitled A Resource Guide to...more

Anti-Corruption Law: Implications of the U.S. FCPA Resource Guide for Canadian Business

On November 14, 2012, the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) released their long-awaited Resource Guide to the U.S. Foreign Corrupt Practices Act (FCPA). The 120-page Guide...more

DoJ and SEC Issue Long-Awaited FCPA Guidance

At last! We now have official guidance in one place from the United States Department of Justice and the Securities and Exchange Commission regarding the Foreign Corrupt Practices Act (“FCPA”). A lengthy memorandum was...more

U.S. Department of Justice and SEC Release Long-Awaited Guidance on Foreign Corrupt Practices Act

On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released their long-awaited guidance on the Foreign Corrupt Practices Act (FCPA). A Resource Guide to the US Foreign...more

Good News/Bad News for M&A and Antitrust: Transactions on the Rise But So is Aggressive Enforcement, Including Prospect of Jail...

The Department of Justice (DOJ) and Federal Trade Commission (FTC) recently issued their Hart-Scott-Rodino (HSR) Annual Report, documenting a significant increase both in the number of transactions reported and the number...more

FCPA Reform Efforts and Anti-Corruption Enforcement

Highlights - New Department of Justice (DOJ) guidance on the FCPA expected later this year to address a range of issues important to corporate compliance programs. - Lawmakers appear content to await the new...more

Transparency International Issues UK Bribery Act Guidance on Mergers, Acquisitions and Investments

As a consequence of the entry into force of the Bribery Act 2010 (the Act) on 1 July 2011, for the first time, anti-bribery due diligence has become a necessity for companies undertaking mergers, acquisitions and investments....more

Criminal Antitrust Update - May 2012

IN THIS ISSUE: - Industry Scorecard Publishing: Although the case is civil rather than criminal, the U.S. Justice Department’s Antitrust Division (Division) launched a significant price-fixing lawsuit against...more

Reminder: the DOJ Has Criminal Antitrust Enforcement Powers Beyond Price Fixing

On May 3, the U.S. DOJ announced that an executive of South Korean-based Hyosung Corporation agreed to plead guilty and to serve time in a U.S. prison for obstruction of justice charges in connection with an automated teller...more

New UK Competition and Markets Authority: What’s in a Name?

On 16 March 2011, the UK government’s Department for Business, Innovation and Skills (BIS) launched a consultation proposing a number of reforms to the UK competition regime. After considering the responses on its proposals...more

Buying an FCPA Violation: Successor Liability is Alive and Well

FCPA commentators enjoy spending their time picking through the bodies of FCPA enforcement actions for trends and patterns. Sometimes trends are evident and sometimes they are not. One clear picture from FCPA...more

Mergers & Acquisitions and Anti-Corruption Compliance

As the economy improves and merger activity increases, it is important to remember the risks of FCPA liability when acquiring a company or entering into a joint venture.  Simply put, you don’t want to acquire...more

Business Crimes Perspectives - July 2009

IN THIS ISSUE: *History and trends as indicators *Increasing FCPA fines and penalties *Individual prosecutions *International cooperation *M & A challenges Please see full update for more information....more

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