News & Analysis as of

Case Bulletin: R v Karigar, 2014 ONSC 3093

For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official. The three-year penitentiary sentence was handed down by the Ontario Court of Justice under the Corruption of...more

Eleventh Circuit Adopts Broad Definition of Government "Instrumentality" in Recent FCPA Case - Ruling Underscores the Need to...

The Foreign Corrupt Practices Act (FCPA) makes it unlawful for a person or company to provide money or anything of value to any foreign official in order to obtain or retain business or to acquire an improper business...more

Eleventh Circuit Defines “Instrumentalities” of Foreign Government for the Purposes of the Foreign Corrupt Practices Act

In general, the Foreign Corrupt Practices Act (“FCPA”) prohibits the payment of money or anything of value to a foreign official in order to influence any act or decision of the foreign official in his or her official...more

Esquenazi Opinion Extends Reach of FCPA, Adopting Broad Definition of “Instrumentality of a Foreign Government”

On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit issued a highly anticipated decision construing the scope of the term “instrumentality” under the Foreign Corrupt Practices Act (“FCPA”). See U.S. v....more

Building a Next-Generation Anti-Bribery & Corruption Compliance Program

Global companies face unprecedented third party risk in today’s landscape — third parties are involved in 90% of Foreign Corrupt Practices Act (FCPA) cases, and more companies are under investigation than ever before in the...more

Mexico's Growing Focus On Combating Corruption

First Annual Mexico Summit on Anti-Corruption - More than 100 members of the Mexican legal and business communities gathered in Mexico City on March 25 and 26, 2014 to attend the American Conference Institute’s First...more

China’s Aggressive Enforcement Of Domestic Corruption Laws

Last year, when Chinese officials launched a broad prosecution of GSK and other drug companies for bribery, multinational companies shivered in fear. Company officials were worried that they could fall under Chinese law...more

Anti-Corruption Digest - April 2014

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. Anti-corruption enforcement crosses boundaries like no other, so keeping up to date is more important than ever. In this digest, we draw together news of...more

Anti-Corruption Issues Spotlighted at the IBA Latin American Regional Forum Conference April 10, 2014

The perception of corruption in Latin America is a stigma that the counties are working to overcome. It’s no surprise that “Greasing Palms-Current Regulatory and Enforcement Trends in Anti-Corruption in Latin America” was a...more

Anti-Corruption Digest - March 2014

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. Anti-corruption enforcement crosses boundaries like no other, so keeping up to date is more important than ever. In this digest, we draw together news of...more

FCA Fines Besso Limited for Anti-Bribery and Corruption Systems Failings

The Financial Conduct Authority (FCA) has fined Besso Limited, an independent management owned general insurance broker in the Lloyd’s Broking group, £315,000 for a failure to take reasonable care to establish and maintain...more

Getting the Deal Through – Anti-Corruption Regulation 2014: Bermuda

1. International anti-corruption conventions: To which international anti-corruption conventions is your country a signatory? - Bermuda is a self-governing British overseas territory, whose legal system is based...more

The European Commission Unveils its First EU Anti-Corruption Report, Highlighting the Continuing Risk of Corruption in EU Member...

On February 3, 2014, the European Commission published its first Anti-Corruption Report (the “Report”). The Report covers all types of corruption, including political corruption, bribery of public officials, and private or...more

Canada Is Aboard the Anti-Corruption Express

For many years, the Organization for Economic Cooperation and Development (OECD) considered Canada a laggard when it came to anti-corruption enforcement. However, in a recent speech, Canadian Foreign Affairs Minister John...more

The Foreign Corrupt Practices Act—A Look Back at 2012 and 2013

Over the last two years, enforcement of the Foreign Corrupt Practices Act (“FCPA”) has remained a priority of the U.S. Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”). That emphasis is likely to...more

We Mean What We Say – FCPA Enforcement Begins The Year With A Bang

Gone are the days when everyone wondered whether FCPA enforcement was slowing down. The Justice Department and the SEC have answered that question with a resounding statement – “We are here to stay.”...more

Corruption In Turkey And Integrating Your Risk Assessment

One of the more public and ongoing corruption scandals in the world right now seems to be happening in Turkey. To say the events and facts are confused is an understatement....more

FCPA Compliance and Ethics Report-Episode 31-the FCPA Year in Review, Corporate Enforcement Actions [Video]

In this episode, I review the corporate FCPA enforcement actions of 2013. ...more

FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2 [Video]

This episode 30 is Part 2 of my interview with the FCPA Professor. ...more

The Brazilian Clean Companies Act – What You Need to Know

2014 is set to be Brazil’s year. The FIFA World Cup is expected to bring 600,000 international visitors to 12 host cities, inject R$25 billion (£6.6 billion) into the economy and present Brazil’s vibrant culture to more than...more

Weatherford International Reaches $253M Settlement with the DOJ, SEC, OFAC, and BIS

I. Introduction - On November 26, 2013, Weatherford International (“Weatherford” or “the Company”), an oil-field services company that trades on the New York Stock Exchange, agreed to pay $253 million in criminal and...more

The Weatherford FCPA Settlement, Part I

Last week Weatherford International Limited (Weatherford) concluded one of the longest running open Foreign Corrupt Practices Act (FCPA) investigations when it agreed to the eighth largest FCPA fine of all-time and one of its...more

Lower Thresholds for Public Contracts: Take a Number with the AMF!

The Government of Quebec has adopted new Orders in Council1 lowering the threshold for which enterprises are required to obtain an authorization from the Autorité des marchés financiers (the “AMF”) pursuant to an Act...more

Corporate Criminal Liability – Interview with Bridget Rohde, Member, Mintz Levin [Video]

Attorney Bridget Rohde, Member of Mintz Levin's Litigation Practice, discusses corporate criminal liability for the actions of employees and how companies can protect themselves....more

“Survey Says”: Surprises In Anti-Corruption Attitudes

The growth of the compliance industry has included an increase in business surveys and specific attitudes towards corruption and compliance programs. They are interesting to read, not as the definitive source of business...more

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