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This Week In Securities Litigation (Week ending March 21, 2014)

The Commission improved its trial record this week, prevailing in a ten day jury trial centered on fraud in connection with the sale of mortgage backed securities that caused a $5 million loss to Ginnie Mae. The agency...more

Board Of Directors And Doing Business In China Under The FCPA

The case of GlaxoSmithKline PLC (GSK) is still resonating across the corporate globe....more

Savonarola And The Need To Evaluate Compliance In Pre-Acquisition Due Diligence

I have always found one of the most fascinating figures of the Florentine Renaissance to be Girolamo Savonarola, who effectively ruled Florence from 1494-1498....more

Mergers & Acquisitions: Shifting Sands in Canadian Anti-Bribery and Trade Control Laws Raise the Stakes in Due Diligence

Recent developments in Canadian anti-corruption, economic sanctions, and export control laws are having a significant impact on the due diligence that should be conducted on potential targets in the context of mergers and...more

Canada Imposes Wide-Reaching Export, Import and Investment Bans Against Iran

Effective May 29, 2013, Canada significantly expanded its existing economic sanctions measures against Iran by implementing a general ban on supplying or sourcing goods to or from Iran and a prohibition on making any...more

How to Minimize FCPA Risk in Health Care Acquisitions

When acquiring a health care company doing business abroad, there is no such thing as being too thorough with anti-corruption due diligence. The Department of Justice and the Securities and Exchange Commission have the...more

Anti-Corruption: Effective Compliance Begins with the Assessment of Risks

Virtually every authoritative source of guidance on effective anti-corruption compliance emphasizes the importance of conducting a company-wide “risk assessment.” For example, U.S. authorities have stressed with regard to the...more

New Competition Regulation in the United Arab Emirates - Considerations for Commercial Practices and Transactions

This briefing identifies the types of practices and transactions in which domestic competition law might be relevant to doing business in the United Arab Emirates (the UAE) in light of the new federal competition law set to...more

Highlights of the Government's New FCPA Resource Guide

The United States Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") recently released the long awaited joint guidance on the Foreign Corrupt Practices Act ("FCPA") in the form of a 130 page...more

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

The FCPA Guidance: Bob Dylan, Change and Political Reality

The FCPA Guidance is here and I will write a few postings on the subject. Initially, it is important to look at the political landscape. President Obama’s re-election communicated an important message to lawmakers and...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

DOJ and SEC Issue Long Anticipated FCPA Guidance -- “Resource Guide” Sheds Some Light, but Gray Areas Remain

At long last, the United States Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released their guidance on Foreign Corrupt Practices Act (“FCPA”) compliance and enforcement issues. The...more

Weekly Brief: Google Antitrust Suit?; Legal Weed; Law Firm Mega-Merger Mania [Video]

Nov. 15 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the week's most important legal news. Big changes may be in store for Google. The tech giant was given an ultimatum by FTC Chairman Jonathan Leibowitz to...more

Facts are chiels that winna ding*

I. Introduction - This essay reflects on how facts are established for purposes of European competition cases, how these facts are tested when they are inconsistent or disputed, and what improvements might be made. After...more

SEC: Local Language Essential to FCPA Compliance

In yesterday's Orthofix settlement for FCPA violations in Mexico, the SEC said what some of us already knew. The use of local language is essential to "effective" FCPA compliance. This article provides examples of why it is...more

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