Securities Franchise

Read need-to-know updates, commentary, and analysis on Securities issues written by leading professionals.
News & Analysis as of

Trials Are About Truth; Consent Decrees Are About Pragmatism

I recently wrote about Judge Rakoff’s refusal to enter the SEC’s proposed consent decree in SEC v. Citigroup Global Markets, Inc., 827 F. Supp. 2d 328 (SDNY 2011) – and the shift in SEC enforcement policy that it prompted. ...more

FCPA Compliance and Ethics Report-Episode 18-Walmart-Be a Leader in Compliance [Video]

In this episode 18, I discuss the reasons why Wal-Mart should use its current FCPA issues to become a leader in the area of anti-bribery compliance....more

FCPA Compliance and Ethics Report-Episode 15-GSK in China: a Game Changer in Compliance [Video]

In this Episode 15, I am interviewed by Mary Flood about my recent eBook, GSK in China: a Game Changer in Compliance. I believe that this case will be one of the most significant international anti-corruption developments in...more

What Does the Government Shutdown Mean for New York and New Jersey Businesses?

What Does the Government Shutdown Mean for New York and New Jersey Businesses? by Dan Brecher on October 2, 2013 The federal government officially entered a partial shutdown as members of Congress failed to reach an...more

Lessons Learned from the BizJet Executives FCPA Enforcement Actions [Video]

BizJet self-disclosed to the DOJ, engaged in what the DOJ termed “extraordinary cooperation” and remediated the people and conduct in question. Further, DuBois and Uhl not only offered themselves up but actively worked with...more

California Bill Would Expand Liability For Securities Fraud, Impose New Fees, Expand Commissioner’s Powers

In late February, Senator Jerry Hill introduced a bill, SB 538, to substantially amend the Franchise Investment Law. A few days later, the bill was read for the first time and set for hearing by the Senate Banking and...more

Class Actions in Canada 2012 - The Year in Review and The Year Ahead

In This Issue: Introduction; Class Action Practice Developments; Common Issues Trials; Class Actions in Quebec; Securities Class Actions; Competition Class Actions; Product Liability Class Actions; Franchise Class...more

The CCO: Co-Equal to the General Counsel in the Eyes of the DOJ?

One of the items that the Department of Justice (DOJ) has increasingly focused on in its enforcement actions is the role of the Chief Compliance Officer (CCO) and whether this position has adequate staffing and resources to...more

Race to the Bottom: Wal-Mart’s FCPA Investigation and the Houston Astros

So who do you think had the better day – the Houston Astros Monday or Wal-Mart Tuesday? Yesterday, the Astros announced the signing of Carlos Pena to be their Designated Hitter (DH) for the 2013 season. Pena’s 2012 average –...more

Banks Behaving Badly or Brother Can You Spare A Billion (or Two)?

Remember when a billion dollars was real money? Over the past couple of weeks there have been some mammoth fines paid by financial institutions for conduct, which would appear to fall under the category of “Banks Behaving...more

Days of Future Passed: The Moody Blues and the End of Facilitation Payments?

This past weekend I caught the Moody Blues’ tour celebrating the 45th anniversary of their seminal classic album, “Days of Future Passed”. This was the second album released by the band and while I had always thought of it as...more

A Cornucopia of Great FCPA Articles for Your Friday Consideration

It has been a great couple of weeks for article regarding the Foreign Corrupt Practices Act (FCPA). While I have resisted having a Friday Round Up of all things FCPA compliance related because both the FCPA Professor, on his...more

The Ethical Business Compact-A New Compliance Best Practice?

Found on page 54 of the recently released Department of Justice (DOJ) Guidance on the Foreign Corrupt Practices Act (FCPA) is the following language: “Chapter 8 of the Sentencing Guidelines, which governs the sentencing of...more

The Ethical Business Compact-A New Compliance Best Practice?

Found on page 54 of the recently released Department of Justice (DOJ) Guidance on the Foreign Corrupt Practices Act (FCPA) is the following language: “Chapter 8 of the Sentencing Guidelines, which governs the sentencing of...more

Doing More with Less in Your Compliance Program (Not the 2013 Astros)

t was reported today that the Houston Astros pitchers and catchers report for Spring Training on February 11, 2013, with position players reporting on February 15. I thought about how much I used to look forward to Spring...more

How to Create a Post-Acquisition FCPA Compliance Program Integration Plan

Your company has just made its largest acquisition ever and your Chief Executive Officer (CEO) says that he wants you to have a compliance post-acquisition integration plan on his desk in one week. Where do you begin? Of...more

The FCPA Guidance and Declinations

I have previously written about my belief that the US Department of Justice (DOJ) should go further in releasing information about Declinations to Prosecute Foreign Corrupt Practices Act (FCPA) cases self-reported to both it...more

How the Noir Novel Informs Your Compliance Program

In the Work Matters column in the December 3 Issue of the Texas Lawyer, in an article entitled, “Ten Phrases Lawyers Hear That Portend Disaster” author Michael Maslanka explored his love of noir fiction, which I...more

Can a Party to Bribery be a Victim under the Crime Victim Rights Act?

It is the matter that my This Week In FCPA colleague Howard Sklar calls “This little lawsuit that could.” As reported by the FCPA Professor last week, the Instituto Costarricense De Electricidad (ICE) filed a...more

Five Essentials of a Chief Compliance Officer Position

Most of Shakespeare’s histories involve issues relating to kingship and how a king might reign. In some of the plays, such as Henry V, the example is of a positive nature. In others, such as Richard III, you may need to...more

Using History to Create or Rebuild a Compliance Culture

I have worked for and with a number of companies that may seem to have lost their compliance path and have become embroiled in a lengthy Foreign Corrupt Practices Act (FCPA) or UK Bribery Act investigation. They may need to...more

China 20/20 Legal & Regulatory Developments - September 29, 2012

In This Issue: - 12th Five Year Plan for Financial Industry Development and Reform - 12th Five Year Plan for the Development of Cloud Computing in China - MOFCOM Establishes Administrative Office for Commercial...more

Will the UK Let the Light of Day Shine Into Its Regulatory Process

Should the regulators process be shrouded in mystery or should there be disclosure into the light of day? That is a question currently before authorities in London. As reported in the Financial Times (FT) column Inside...more

Infobytes - August 17 2012 - A Weekly In-depth review of news & developments in the financial services industry.

TOPICS COVERED THIS WEEK - FEDERAL ISSUES - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - E-COMMERCE - PRIVACY/DATA SECURITY Excerpt From Federal Issues: CFPB...more

Pfizer DPA Part II – Enhanced Compliance Obligations and Corporate Compliance Obligations

Last week I began an exploration of the Pfizer Deferred Prosecution Agreement (DPA) which was announced last week by the Department of Justice (DOJ) in connection with its settlement of Foreign Corrupt Practices Act (FCPA)...more

35 Results
|
View per page
Page: of 2

Follow Securities Updates on: