News & Analysis as of

Joint Venture Dept. of Justice

Doing Business in Cuba Under the FCPA

by Thomas Fox on

I want to consider the impending opening of Cuba to US business, what you can do now and what you must wait for until the embargo is lifted; all from the perspective of compliance with the Foreign Corrupt Practices Act...more

FTC Announces Increased Thresholds for HSR Premerger Notifications and Interlocking Directorates

by Snell & Wilmer on

The Federal Trade Commission (FTC) announced on January 19, 2017 the revised transaction thresholds that trigger the requirement to file a premerger notification and report form under the Hart-Scott-Rodino Antitrust...more

DOJ, SEC, Foreign Authorities Settle FCPA Claims with Brazilian Firms For $3.5 Billion

by Dorsey & Whitney LLP on

Braskem S.A., a Sao Paulo based producer of petrochemicals and thermoplastic product whose ADRs are traded on the NYSE, and its controlling shareholder, Odebrecht S.A., a privately held Brazilian international construction...more

Volkov on the Evolving Standards for Compliance Programs

by Thomas Fox on

Sometimes I get inspired when writing blog posts and sometimes I get on a roll. It is a bit of both this week and today, as previously this week, I have focused on Department of Justice (DOJ) pronouncements on their view of...more

Criminal Charges for Executive Stemming from Discovery Responses in DOJ Civil Antitrust Litigation

by McDermott Will & Emery on

On October 14, 2016, former vice president and director of information technology of Coach USA, Inc. (Coach), Ralph Groen, entered a guilty plea for concealing and attempting to destroy documents and giving false and...more

Department of Justice Obtains Guilty Plea for Obstruction in Merger Investigation

by WilmerHale on

On October 14, the US Department of Justice's Antitrust Division announced that Ralph Groen, a former information technology executive of the bus operator Coach USA Inc., had pleaded guilty to criminally obstructing justice...more

FCPA Enforcement Ramping Up Against Private Equity and Hedge Funds (Part III)

by Michael Volkov on

The Och-Ziff settlement has now set the stage for the Justice Department and the SEC to focus its enforcement eye on the private equity and hedge fund industry. The Och-Ziff action was initiated in response to the SEC’s...more

Och-Ziff Failures in Due Diligence and Transaction Compliance (Part II)

by Michael Volkov on

The Och-Ziff enforcement action is replete with examples of failures in due diligence and transaction monitoring compliance. Och-Ziff’s bribery schemes were elaborate and intricate and involved complex transactions,...more

Inside M&A - August 2016

by McDermott Will & Emery on

Recent Enforcement Trends in Divestiture Packages - The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more

Set-Aside Alert - The DOJ's Enforcement of Small Business Regulations

by PilieroMazza PLLC on

With the Small Business Administration's new limitations on subcontracting rules going into effect on June 30.... Originally published in the Set-Aside Alert on June 10, 2016. Please see full Alert below for more...more

U.S. - India Newsletter Vol. 2016, Issue 2

by Pepper Hamilton LLP on

Welcome to the second issue of our newsletter, which features news and articles of interest from Pepper’s U.S.-India Practice. In the first quarter of 2016, we saw a lot of activity in the international data privacy...more

When Joint Bidding Is Not Bid Rigging

by Gray Reed & McGraw on

Last week we discussed the pitfalls of joint bidding for oil and gas properties. We didn’t say you can’t do it. It’s like domestic life: There are ways you can tell your beloved that dress makes her look  …, well, never mind....more

Legal Issues Business Leaders Need to Know in 2016

by Arnall Golden Gregory LLP on

A compilation of time-sensitive and trending legal and regulatory issues that general counsels and business leaders should be aware of in 2016. ...more

Focus on China - October 2015

by McDermott Will & Emery on

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

DOJ Revises the FCPA Resource Guide

by Alston & Bird on

In June 2015, the Department of Justice and the Securities and Exchange Commission (SEC) published revisions to their jointly issued A Resource Guide to the U.S. Foreign Corrupt Practices Act. The Resource Guide, initially...more

DOJ Quietly Revises FCPA Resource Guide

by Morgan Lewis on

Revisions bring DOJ and SEC guidance in line with FCPA statutory language. In June, the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) quietly revised its manual, A Resource Guide to the U.S....more

Increasing Antitrust Risk in Non-Reportable Transactions – DOJ Obtains Disgorgement of Profits in Tour Bus Settlement

by McDermott Will & Emery on

The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5...more

Marubeni: FCPA Repeat Offender

by Michael Volkov on

In this era of aggressive FCPA enforcement, there are critics who have suggested that the Department of Justice should concentrate its prosecutions on individuals rather than imposing ever-increasing criminal fines on...more

Gehrig’s Streak Ends And Compliance Week 2014 Is Near

by Thomas Fox on

Today we celebrate greatness in two areas. The first is in baseball as on this day in 1939, “New York Yankees first baseman Lou Gehrig benches himself for poor play ending his streak of consecutive games played at 2,130....more

Joint Ventures: Sanctions and Corruption Risks

by Dechert LLP on

Expansion into both new and emerging markets is a continuing trend for companies across many industry sectors. In a number of jurisdictions, local law restricts foreign companies from establishing wholly owned subsidiaries -...more

Memorandum of Understanding Issued Between OSC and NLRB

by Cozen O'Connor on

The Office of Special Counsel (OSC) and the National Labor Relations Board (NLRB) will work together in a new collaborative relationship to combat unfair labor practices. The new partnership was established on July 8, 2013...more

Inside M&A - Winter 2013

by McDermott Will & Emery on

In This Issue: - FCPA Due Diligence is Critical to Avoid Successor Liability in Cross-Border Transactions - China’s Merger Control Rules...more

I Don’t Care How Much I Pay (too Much, the Magic Bus)* – Part II

by BakerHostetler on

In a prior post, we noted that the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York City....more

I Don’t Care How Much I Pay (too Much, the Magic Bus)*

by BakerHostetler on

Last week, the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York City....more

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