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China Cracking Down On Pharmaceutical Corruption

Stricter Blacklist Regime - On December 25, 2013, the National Health and Family Planning Commission of China (“National Health Commission”, former Ministry of Health) issued the amended Provisions Regarding the...more

Red Notice Newsletter - March 2014

This month on the anticorruption front, a New York court orders two former Siemens executives to pay record civil penalties in a bribery case involving the company’s Argentina business; Canada prosecutes former executives...more

The CFIUS Review Process And Foreign Investments

Washington is a town that is filled with secrets – some interesting and others not so interesting. I grew up and have practiced law in Washington, DC. all of my career. ...more

What Hath GSK Wrought? More Compliance Lessons From China

In an article, entitled “GSK China probe flags up wider worries”, in the Wednesday edition of the Financial Times (FT) reporters Andrew Jack and Patti Waldmeir discussed the ongoing bribery and corruption scandal involving...more

Letter From China-Interview With Amy Sommers

Ed. Note-this article is one of a continuing series of interviews of thought leaders in FCPA, Bribery Act and anti-corruption/anti-bribery. In this blog post, I interview Amy Sommers, partner in the Shanghai office of K&L...more

Joan Fontaine And The Evolution Of Compensation Issues In A Compliance Program

Compliance programs evolve just as the thinking on best practices has changed over the past few years. One of the areas that has not received as much attention in compliance programs is the amount of compensation paid to...more

Of Princelings And Princess-lings – Does Their Employment Have Corrupt Intent?

There was an excellent article this weekend in the Financial Times (FT), entitled “Finance: Plugged Into the Party”, where reporters Henry Sender and Tom Mitchell explored the hiring of sons and daughters of Chinese...more

1066 And All That: Why The International Fight Against Corruption?

If there is one event in history of Western Civilization which could be said to be a true turning point, today is the anniversary of one of the very top echelon. On this date in 1066, William the Conqueror defeated Harold II,...more

China’s Campaign Against Bribery and Corruption Takes a New Turn: A Focus on Information Gathering

Recently, the co-founders of a firm primarily engaged in investigation-related services were arrested in Shanghai. The arrest indicates protected information laws are being rigorously enforced in China, and could signal a...more

The FCPA Compliance and Ethics Report, Episode 3 [Video]

In this episode, I discuss the ongoing compliance and corruption events in China, some lessons learned from the HP corruption scandal and end a discussion of the duties of a Board of Directors when they find out about...more

Corruption Allegations in China Lead to a Shareholder Class Action in the U.S.

The filing of a shareholder class action has become routine following a drop in stock price after the revelation of adverse news about a company. Allegations of corruption at a public company are proving to be no different,...more

Whistleblowing in China and the United States

The Chinese Government’s wide-ranging bribery and corruption investigation into the pharmaceutical industry takes a new turn every week. Media reports contain numerous incidents of purported whistleblowers making allegations...more

GSK In China: A Game Changer for Compliance

The allegations of bribery and corruption by the UK company GlaxoSmithKline are a true game changer for the compliance world. This is the first time that the Chinese have enforced their domestic anti-corruption laws against...more

Where’s The Ball? Lesson For The Compliance Practitioner In China

Where’s the ball? That iconic question was asked by Oakland A’s center fielder Chris Young to Houston Astro left fielder Robbie Grossman near second base late Wednesday night, as Grossman was returning to the dugout after...more

GSK And Missed Red Flags In China

One of the questions that GlaxoSmithKline PLC (GSK) will have to face during the next few years of bribery and corruption investigations is how an allegedly massive bribery and corruption scheme occur in its Chinese...more

Lessons Learned from the GlaxoSmithKline Bribery Investigation

The recent enforcement of Chinese anti-bribery laws against British pharmaceutical company GlaxoSmithKline (GSK) highlights the compliance challenges faced by foreign companies operating in China....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

Observations on a Milestone Bribery Investigation and Increased Scrutiny of Foreign Companies in China

The Chinese government’s recent crackdown on alleged bribery and corruption of local officials by multinational pharmaceutical companies could signal a broad trend toward elevated scrutiny of all foreign corporations...more

Show Me The Money – Employee Compensation To Prevent Bribery And Corruption

The GlaxoSmithKline PLC (GSK) matter continues to resonate across the compliance world. ...more

Astros Swept Again – Is A China Sweep Coming Next?

What is a sweep? It is certainly a well-known and relevant term in the sporting world....more

“Can You Sleep Well at Night?”: Multinational Executives Detained in China Due to Bribery Concerns

Any company doing business in China has to wonder whether they might find themselves in the unwelcome spotlight recently turned on certain participants in China’s pharmaceutical market....more

Bad News For The Drug And Device Industries: Glaxo’s Systemic Breakdown In China (Part I Of III)

Mark Twain, one of my favorite authors, always said it best – “Do the right thing. It will gratify some people and astonish the rest.” - For drug and device companies, Mark Twain’s observation is becoming the industry...more

Is Your Compliance Program Real?

The GSK attitude towards corruption in all its forms is simple: it is one of zero tolerance, whether committed by GSK employees, officers, complementary workforce or third parties acting for or on behalf of the company. ...more

Travel And Corruption Issues In China

Ed. Note-last month Eric Carlson had a three blog post in the FCPA Blog where he discussed travel risks and corruption in China. In any country, paying for travel for government officials, customers at state-owned...more

Don’t Claim It Is Legal To Bribe Another Government’s Representatives – Especially In China

Last week a guest blog post in the FCPA Blog by Ernesto Sanchez, entitled “What’s good for reciprocity may be bad for FCPA prosecutions”, implied that the US District Court’s ruling when it “vacated an SEC Dodd-Frank rule...more

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