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European Commission Final Report on E-Commerce Sector Inquiry

by McDermott Will & Emery on

On 10 May 2017, the European Commission published its final report on the e-commerce sector inquiry. The report is divided into two sections, covering e-commerce issues in relation to consumer goods and digital content. It...more

Managing Sanctions and Export Control Risks in the Health Care Industry

by Ropes & Gray LLP on

Over the past 15 years, pharmaceutical manufacturers, medical device companies, and other participants in the health care industry have been regular targets of U.S. Foreign Corrupt Practices Act (“FCPA”) enforcement actions...more

European Commission Consults on Conflicts of Law Rules for Securities Ownership

by Shearman & Sterling LLP on

The European Commission has published a consultation paper on conflicts of law rules for securities ownership, addressing so-called third party effects of transactions in securities and claims. The consultation relates to the...more

Celltrion May Apply for FDA Approval for Rituximab and Trastuzumab by June

by Goodwin on

The Korea Herald reports that Celltrion is on track to file applications for U.S. FDA approval for its rituximab and trastuzumab biosimilars by June. According to the article (and as previously reported), once approved, the...more

European M+A News, Spring 2017

by Morrison & Foerster LLP on

Germany's New Merger Control Regime - New Filing Requirements to Come - ..Introduction of an Upgraded Transaction Value Test ..New Local Nexus Test Requires Further Advance Analysis Germany is about to enact a revised...more

Privacy Shield certifications reach 2,000, still far short of Safe Harbor

Timothy Toohey was quoted in an article published by CQ Roll Call on April 24, 2017, about the number of Privacy Shield-certified companies under the new program allowing transfers of personal data from Europe to the United...more

Day 19 of One Month to 3rd Party Management-Risk Ranking in the Supply Chain [Video]

by Thomas Fox on

One of the areas many companies do not focus on enough is possible corruption in their Supply Chain (SC) for goods and services provided on a company’s behalf. The FCPA risks can be just as great through those entry points as...more

Day 18 of One Month to 3rd Party Management-Freight Forwarders [Video]

by Thomas Fox on

The FCPA world is littered with cases involving freight forwarders, brokers and agents in the shipping and express delivery arena. Both the Department of Justice and Securities and Exchange Commission have aggressively...more

Day 17 of One Month to 3rd Party Management-Distributor Compensation [Video]

by Thomas Fox on

One of the issues in any compliance program is the compensation paid to a third party as FCPA exposure arises when companies pay money - either directly or indirectly - to fund bribe payments. In the traditional intermediary...more

Day 16 of One Month to 3rd Party Management-Terminating a Third Party [Video]

by Thomas Fox on

At some point, you will be required to terminate a third-party and there will be multiple legal, compliance and business issues to navigate going forward. If you are stuck doing it in the middle of a Foreign Corrupt Practices...more

Compliance into the Weeds-Episode 36, McFadden Remarks on FCPA Enforcement [Video]

by Thomas Fox on

In this episode, Matt Kelly and I take a very deep dive into two recent speeches by Department of Justice (DOJ) Acting Principal Assistant Attorney General Trevor McFadden in which he addressed multiple topics and issues...more

Modernisation of Dubai free zone regulations

by DLA Piper on

The Dubai Creative Clusters Authority (DCCA), formerly known as the Dubai Technology & Media Free Zone Authority or TECOM, which is the free zone authority with jurisdiction over nine Dubai Creative Cluster (DCC) free zones,...more

Day 15 of One Month to 3rd Party Management-Third Party Management ROI [Video]

by Thomas Fox on

One area that has bedeviled Chief Compliance Officers (CCOs) and compliance practitioners is how to determine the return on investment (ROI) for your compliance program regarding third parties. While it is still clear that...more

Day 14 of One Month to Better 3rd Party Management-Third Party Program Check Up [Video]

by Thomas Fox on

When was the last time you gave your third party risk management program a check up?...more

Day 14 of 30 Days to a Better 3rd Party Management-Third Party Program Check Up [Video]

by Thomas Fox on

When was the last time you considered the health of your company’s third party management program? A good way to test that well-being is to perform a check-up on your third party program....more

Day 13 of One Month to Better 3rd Party Management-Internal Controls for Third Parties [Video]

by Thomas Fox on

Internal controls are a key tool to operationalize your third party risk management program. Initially, a compliance practitioner should perform an analysis of any third party representative to provide insight into the...more

FCPA Compliance Report-International Edition, the Prague Report [Video]

by Thomas Fox on

In this episode I am joined by Ruth Steinholtz of AretéWork, Jonathan Armstrong of Cordery Compliance and Kristy Grant-Hart of Spark Compliance Consulting and author of How To Be a Wildly Effective Compliance Officer for a...more

FCPA Compliance Report-Episode 323-Bill Coffin on Compliance Week 2017 [Video]

by Thomas Fox on

In this episode Compliance Week Editor in Chief Bill Coffin discusses the upcoming Compliance Week 2017 Conference May 22-24, 2017 in Washington DC. Coffin highlights the key note speakers and some of the other key topics for...more

Day 12 of One Month to Better 3rd Party Management-Data Analytics and Ongoing Monitoring of Third Parties [Video]

by Thomas Fox on

Next I consider at how data analytics can be used to help detect or prevent bribery and corruption where the primary sales force used by a company is third parties. A clear majority of Foreign Corrupt Practices Act (FCPA)...more

Day 11 of One Month to Better 3rd Party Management-Auditing Third Parties [Video]

by Thomas Fox on

Auditing of third parties is critical to any best practices compliance program and an important tool in operationalizing your compliance program. This is a key manner in which a company can manage the third party relationship...more

This Week in FCPA-Episode 48, CEOs Behaving Badly edition [Video]

by Thomas Fox on

In this episode, Matt Kelly pinch hits for a Walt Disney World-vacationing Jay Rosen. Matt and I have a wide-ranging discussion on some of the week’s top FCPA and compliance related stories. We discuss: 1. Shearman &...more

Day 10 of One Month to Better 3rd Party Management-Managing Your Third Parties [Video]

by Thomas Fox on

The building blocks of any Foreign Corrupt Practices Act (FCPA) anti-corruption compliance program lay the foundations for a best practices compliance program. For instance in the lifecycle management of third parties, most...more

Day 9 of One Month to Better 3rd Party Management-DOJ Metrics On Third Party Management  [Video]

by Thomas Fox on

In a speech before the SIFMA Compliance and Legal Society New York Regional Seminar in November 2015, then Assistant Attorney General Leslie Caldwell laid out metrics the Department of Justice would consider in evaluating a...more

Compliance into the Weeds-Episode 35, PCAOB Report on Emerging Growth Companies [Video]

by Thomas Fox on

In this episode Matt Kelly and I take a deep dive into the recently released, Public Company Accounting Oversight Board (PCAOB) semi-annual white paper. The white paper provided general information about characteristics of...more

FCPA Compliance Report-Episode 322-Eric Feldman on Pro-active use of monitors [Video]

by Thomas Fox on

In this episode, I am joined by Eric Feldman, SVP at Affiliated Monitors. Eric is a long time US government employee who now helps to provide companies with monitorship services, in a wide range of areas. These include...more

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