News & Analysis as of September 25, 2024

Foreign Corrupt Practices Act (FCPA)

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The Securities Exchance Act is a United States federal statute enacted in 1934 to govern the secondary securities trading market. In addition, the Securities Exchange Act established the Securities and Exchange... more +

The Justice Insiders Podcast: Meet the Securities and Exchange (and Human Resources) Commission

Nutter Securities Enforcement Update: March 1, 2024

Nutter McClennen & Fish LLP on 4/5/2024

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action...more

Top 10 International Anti-Corruption Developments for November 2023

Morrison & Foerster LLP on 12/19/2023

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Dismissal of Shareholder Derivative Suit for Failure to Allege Demand Was Excused

Goodwin on 11/3/2022

On September 27, 2022, U.S. District Judge Kevin McNulty of the District of New Jersey dismissed a consolidated derivative action allegedly brought on behalf of Cognizant Technology Solutions Corporation against certain...more

Enforcement appears as messages disappear: The perils of personal and ephemeral messaging

Eversheds Sutherland (US) LLP on 1/7/2022

On December 17, 2021, a financial institution agreed to pay $200 million in fines to the Securities and Exchange Commission and Commodities Futures Trading Commission for allowing employees to discuss business on their...more

Welcome of 31 Days to a More Effective Compliance Program for September – Internal Controls

Thomas Fox - Compliance Evangelist on 9/1/2020

It is a new month and a new topic for 31 Days to a More Effective Compliance Program. In September, I will consider internal controls. I am pleased to welcome back Affiliated Monitors, Inc. (AMI) as this month’s sponsor of...more

[Webinar] Anti-Corruption and Compliance Training - May 28th, 10:00 am - 11:30 am EDT

McDermott Will & Emery on 5/21/2020

Please join McDermott and Grant Thornton on Thursday, May 28, for a webinar training on anti-corruption and compliance. This training will discuss the auditing standards on illegal acts by clients and the auditor’s...more

The Foreign Corrupt Practices Act: SEC Enforcement And Lessons In Corporate Compliance

Amundsen Davis LLC on 2/25/2020

The Foreign Corrupt Practices Act of 1977 (“FCPA”) amended the Securities Exchange Act of 1934 (“Exchange Act”) and is enforced by the Securities and Exchange Commission (“SEC”). The purpose of the FCPA is to bolster the...more

CFTC Joins FCPA Enforcement Bandwagon

BCLP on 3/11/2019

On March 6, 2019, the Commodity Futures Trading Commission (CFTC) issued an Enforcement Advisory that applies to companies and individuals not registered with the CFTC that voluntarily disclose violations of the Commodities...more

The Latham FPI Guide: Accessing the US Capital Markets From Outside the United States

Latham & Watkins LLP on 9/11/2018

Fabry-Pérot Interferometer, SA is a highly successful non-US company known to the world as FPI. FPI is considering doing a debt or equity offering in the United States. What are the key legal issues it, and its underwriters...more

2nd Circuit Weighs in on Certifying Classes Involving Foreign Securities

Burr & Forman on 7/17/2017

In In re Petrobras Securities Litigation, the Second Circuit Court of Appeals recently issued an opinion regarding the standards for certifying a class involving foreign securities. Petrobras is a multinational Brazilian gas...more

The Vegas Sands FCPA Action: Good Controls are Good Business

Dorsey & Whitney LLP on 4/11/2016

FCPA cases typically center on the payment of bribes to obtain or retain business. The bribes paid are usually small in comparison to the profits achieved – the obvious motive for the wrongful conduct. The profits of course...more

Reflections on the Hitachi FCPA Enforcement Action

Thomas Fox - Compliance Evangelist on 9/30/2015

Earlier this week, the Securities and Exchange Commission (SEC) announced resolution of a Foreign Corrupt Practices Act (FCPA) enforcement action involving the Hitachi Ltd (Hitachi). There were several interesting aspects to...more

What Would Dr. Seuss Say about an Allowance?

Thomas Fox - Compliance Evangelist on 7/29/2015

Earlier this month we had the release of a second book by Harper Lee, “Go Set a Watchman”, which was miraculously discovered having been written some 50+ years ago. This week, there was another release from a (now deceased)...more

FCPA: Anti-Bribery Provisions

Carlton Fields on 6/8/2015

The Foreign Corrupt Practices Act (FCPA) addresses the problem of international corruption in two ways: (1) the anti-bribery provisions prohibit individuals and businesses from bribing foreign government officials in order to...more

Another SEC FCPA Action Tied to Hospitality

Dorsey & Whitney LLP on 5/28/2015

Hospitality and effective compliance procedures are often critical issues when dealing with government officials. Those two issues came into sharp focus in the SEC’s latest FCPA case. In the Matter of BHP Billiton Ltd., Adm....more

Does Your Company’s “Inadequate Compliance Program” Violate Securities Laws?

NAVEX on 9/15/2014

In a recent matter before the SEC, settlement of an FCPA claim with Smith & Wesson has raised some worrisome new issues for compliance officers. This settlement is noteworthy for two reasons: 1. Small and mid-sized...more

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