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The Compliance Crystal Ball—Top 10 Compliance Trends For 2014

It is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014. 1. Executive Order 13627 Changes Government Contracting - Want a government contract...more

Top 10 Compliance Trends For 2014

As 2013 wraps up, it is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014: 1. Executive Order 13627 on Trafficking in Government Contracts —...more

Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity

Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual...more

Risk-based due diligence of third-party intermediaries: a scorecard approach

Companies operating internationally often engage numerous – sometimes even thousands – of third parties around the world to help facilitate their business. Alongside the growth of such relationships, the risks posed by them...more

Canada Announces New Initiative for Disclosure of Payments to Governments

On June 12, 2013, Canadian Prime Minister Stephen Harper announced the introduction of a new transparency initiative in Canada that will require Canadian companies in the extractive industries, including mining, oil and gas,...more

Second Highest Penalty in FCPA History Comes with a Caution from the Bench about the Limits of the Act’s Jurisdiction

In Brief - The Foreign Corrupt Practices Act covers a nearly boundless range of business conduct by issuers and their agents in an ever more global world. Yet the contrast in sentences handed down in two recent FCPA...more

Business News Digest – April 2013

In this issue: - Finders May Pose Risk in Private Capital Raising - NIST Holds First Workshop on Executive Order Cybersecurity Framework - NIST Issues Request for Information, Begins Developing...more

Credit Crunch Digest -- March 2013

This issue of the Credit Crunch Digest focuses on developments in antitrust-based Libor claims against major banks; the status of European Union investigations into Libor manipulation; developments in IndyMac-related...more

Fraud and the “Discovery Rule” — Two Takeaways from The Supreme Court’s Recent Decision in Gabelli v. Securities and Exchange...

Fraud likes to hide. Which is why, since the 18th century, courts have held that a statute of limitations for fraud does not begin to run until the victim discovers the fraud. In Gabelli v. Securities and Exchange Commission,...more

Federal Grant & Contract News for Nonprofits - January 2013

In January, there were some particularly important developments with respect to whistleblower protections in connection with federal grants and contracts, as well as Office of Management and Budget (“OMB”) information on the...more

An Independent Corporate Monitor's Perspective on Pre-Trial Diversion/Government Settlement Agreeements

Pre-Trial diversion or settlement agreements have been increasingly used as a tool by government agencies as a means of resolving corporate liability for misconduct or fraud perpetrated by an organization's employees,...more

China 20/20 - Legal & Regulatory Developments - November 2012

In This Issue: - China Finalized the Amendments to the Rules for Establishing Foreign Invested Securities Companies - Notice of the Ministry of Culture on Implementing Supplementary Provisions IX to CEPA -...more

An Improved NAFTA? Investor-State Arbitration Provisions Under the Colombia-US Free Trade Agreement

Chapter 11 of the North America Free Trade Agreement (NAFTA) was the first international trade agreement provision to give foreign investors a direct cause of action for investment disputes against the host government in...more

California to Require its Contractors to Comply with SEC Conflict Minerals Reporting Obligations

On September 16, 2011, the California Legislature passed SB 861,[1] a law that requires public companies contracting with the State of California to ensure that their supply chains are free of “conflict minerals” sourced from...more

The United States government does not have the power to make its obligations a legal tender

The United States Supreme Court, in the case of Julliard v. Greenman (110 U.S. 421), held that: 1) Congress had the power to make its obligations a legal tender in the payment of private debts, and 2) that this power was...more

Bill Aims To Add Bite To Federal Conflict Minerals Disclosure Requirement

Section 1502 of the Dodd-Frank Act added a new Section 13(p) to the Securities Exchange Act of 1934. Section 13(p) requires the SEC to promulgate disclosure and reporting regulations regarding the use of conflict minerals...more

2010 FCPA Year In Review

Through enforcement, administrative action, and new legislation, the Foreign Corrupt Practices Act (“FCPA”) grew additional muscle and even sharper teeth in 2010. The U.S. government assessed nearly $2 billion in FCPA-related...more

Innospec Agrees to Pay $40.2 Million for Global Corruption Settlement

On March 18, 2010, specialty fuel and chemical manufacturer Innospec Inc., with principal offices in the United States and the United Kingdom, agreed to pay $40.2 million to resolve global corruption claims by the Department...more

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