China Bribery

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Your daily dose of financial news - The Brief – 6.15.16

A nasty May jobs report and fears about China’s markets have probably done in any plans the Fed had to raise rates in June [though maybe it shouldn’t wait much longer]. Here are the 5 things we should be watching when the...more

Akamai and Nortek – DOJ Touts Declinations Under FCPA Pilot Program

DOJ’s FCPA Unit knows what they are doing. In the immediate weeks after the release of the FCPA Pilot Program, DOJ publicly released two declination letters for Akamai Technologies and Nortek, Inc. and the SEC announced...more

How to garner a NPA and Declination: Akamai and Nortek – Part III

Today I conclude my three-part series on the Nortek, Inc. (Nortek) and Akamai Technologies, Inc. (Akamai) Foreign Corrupt Practices Act (FCPA) enforcement actions. These enforcement actions resulted in excellent results for...more

How to garner a NPA and Declination: Akamai and Nortek – Part II

Yesterday, I began a three-part series on how two companies, which came to Foreign Corrupt Practices Act (FCPA) grief in China for bribery within their Chinese business units, received the rather stunning results of both Non...more

DOJ Announces First Declinations After Implementing FCPA Pilot Program

The U.S. Department of Justice (DOJ) issued its first set of public declinations since its April unveiling of a new self-reporting Foreign Corrupt Practices Act (FCPA) pilot program. On June 7, 2016, Akamai Technologies,...more

How to garner a NPA and Declination: Akamai and Nortek – Part I

It certainly did not take long for companies to see the benefit of the Department of Justice (DOJ) Foreign Corrupt Practices Act (FCPA) Pilot Program around FCPA enforcement as this week there where two public declinations...more

China Law Update: Judicial Interpretation on Corruption and Bribery Crimes

On April 18, 2016, the Chinese Supreme People's Court and the Chinese Supreme People's Procuratorate jointly issued the Interpretation of Several Issues concerning the Application of Law in Handling Criminal Cases related to...more

China's Supreme Court and Supreme Procuratorate Issue Interpretation on Bribery Laws

On April 18, 2016, the Supreme People's Court and the Supreme People's Procuratorate issued Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of...more

Top Ten International Anti-Corruption Developments for April 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Further Guidance on Criminal Graft and Bribery Released by Chinese Judicial Authorities

On April 18, 2016, two Chinese judicial authorities released an interpretation that provides further guidance on how criminal cases related to graft and bribery are handled in China effective immediately. The Supreme People’s...more

China Aims to Strengthen Regulations on Commercial Bribery

Recently, the Legal Affairs Office of the State Council released draft amendments (Draft Amendments) to the Anti-Unfair Competition Law (AUCL) of the People’s Republic of China (PRC) for public comments. The Draft Amendments...more

Las Vegas Sands $9 Million SEC Settlement: An Easy Mark

The SEC continues its cutting edge FCPA enforcement program, bringing in a variety of enforcement cases and employing some new strategies. In its latest foray, the SEC settled with Las Vegas Sands, owned by Sheldon...more

Novartis Coughs Up $25 Million to SEC for China FCPA Violations

Last week, the SEC announced another FCPA settlement involving the pharmaceutical industry for bribery in China. The SEC’s settlement filing represents yet another example of the pharmaceutical industry run amok in China,...more

Draft Revisions to Chinese Anti-Unfair Competition Law

The 1993 Anti-Unfair Competition Law (“AUCL”)[1] was among the first major laws of China’s “reform and opening up” period to target unfair and anticompetitive practices in the course of market behavior. It establishes...more

Drug and Medical Device Corruption Risks in China

Medical device and pharmaceutical companies know the risks of conducting business in China. Company after company has had to settle FCPA enforcement actions in China. Many of these enforcement actions include fact patterns...more

PTC Inc. and No Cooperation Credit Case Under Yates

On February 16, 2016, the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) announced parallel resolutions with PTC Inc, (formerly Parametric Technology Corporation), a Massachusetts based software...more

The Season of Giving in Asia

Happy New Year of the Monkey! February 8th was the beginning of the two-week long celebration of the Spring Festival, or the Lunar New Year, in China and other countries in Asia. While this season of greetings and...more

PTC Settlement: Compliance Reminders for Internal Controls, Travel and Gifts

PTC, a Massachusetts software company, reached settlements with the SEC and DOJ last week for FCPA violations for a total of $28 million. Interestingly, the SEC announced a DPA with a PTC official who assisted in the...more

The Carrot and the Stick: The SEC’s First Deferred Prosecution Agreement with an Individual in an FCPA Case

In a move that highlights both the increased focus on holding individuals accountable and the credit that can be earned through cooperation, the U.S. Securities and Exchange Commission (“SEC”) announced last week that, for...more

More FCPA Grief Involving Gifts, Travel & Entertainment: PTC in China – Part III

I have been exploring the PTC Inc. Foreign Corrupt Practices Act (FCPA) settlement this week. It included a Non-Prosecution Agreement (NPA) from the Department of Justice (DOJ) with two Chinese subsidiaries and a Cease and...more

Tech Company Reaches $28 Million Settlement in Chinese Bribery Probe

After several months of negotiations with the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), PTC Inc., a Massachusetts-based global provider of technology platforms and solutions, has agreed...more

More FCPA Grief Involving Gifts, Travel & Entertainment: PTC in China – Part I

Sometimes you have to wonder just how long it will take before US companies realize (1) there is a Foreign Corrupt Practices Act (FCPA) and (2) it applies in China as yesterday both the Department of Justice (DOJ) and...more

Blood on the Tracks Hits No. 1 and the Lessons Learned from SciClone

On this week in 1975, Bob Dylan’s 15th studio album, Blood on the Tracks, reached the Number 1 album slot on the Billboard charts. This was in spite of no song rising above the 31st slot on the single charts. It came out in...more

SciClone Pharmaceuticals: A Textbook Case of FCPA Violations for Gifts, Meals, Entertainment and Travel

The Securities and Exchange Commission continues its steady march as the prominent FCPA enforcement agency against corporations.  The Justice Department has not brought any enforcement actions this year and continues to...more

Strengthened Blacklist System For Enterprises Operating in China

China’s State Administration of Industry and Commerce (“SAIC”) recently issued the Interim Measures for the Administration of the List of Dishonest Enterprises Committing Serious Violation of Laws (the “Interim Measures”),...more

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