News & Analysis as of

Self-Reporting

Criminal justice: How best to stop economic crime

by WilmerHale on

Speaking at the 35th annual Cambridge International Symposium on Economic Crime, Robert Buckland QC MP, the Solicitor General for England and Wales, and David Green QC, Director of the SFO, addressed the question, “Preventing...more

China’s ‘One Belt, One Road’ Initiative Creates Opportunities and Regulatory Challenges

In a time of shifting opinions on the benefits of globalization, China’s “One Belt, One Road” initiative (OBOR) offers an unexpected bright spot for multinational companies able and willing to participate in this...more

México: Nuevo Sistema Permite a Patrones Informar su Cumplimiento de la Ley Laboral y Evitar Inspecciones

by Littler on

El 1° de agosto de 2017, la Secretaria del Trabajo y Previsión Social (STPS) anunció la creación de un sistema en línea para medir y monitorear el cumplimiento de los patrones de las normas que regulan las condiciones...more

Mexico: New System Allows Employers to Self-Report Compliance with Labor Law and Avoid Inspection Visits

by Littler on

Mexico’s Labor Department (known as the “STPS” for its acronym in Spanish) has created an online system to measure and monitor employers’ compliance with the laws regulating the working conditions, training, safety and health...more

Don’t give medical device makers more time before disclosing product woes

Pro-business and anti-consumer lawmakers in Congress are racing to slacken rules for medical device makers to report problems with their products. This move may imperil more patients, many of whom already have been harmed...more

Two Recent Decisions Highlight the Court’s Increasingly Narrow Interpretation on the Availability of Legal Privilege in Internal...

by Dorsey & Whitney LLP on

Two recent decisions of the English High Court have considered the availability of legal professional privilege in relation to internal investigations. In both cases the availability of legal professional privilege has been...more

Department of Labor’s New Fiduciary Rule Will Go Into Effect June 9th

The Department of Labor has announced that the new fiduciary conflict of interest rule and related exemptions will begin taking effect on June 9, 2017, ending speculation of further delay. At the same time, the Department...more

Navigating the Currents – Legal Privilege Under English Law

On 8 May 2017 the High Court in London applied a strict approach to litigation privilege in the context of self-reporting investigations. It is the first case in which a court has considered whether litigation privilege is...more

WilmerHale, Waivers and When to Stop Investigating

by WilmerHale on

Boyd Johnson is the New York-based co-chair of WilmerHale’s investigations practice, while Stephen Pollard leads the firm’s UK team. Both partners joined WilmerHale in late 2011 – Johnson from the US Attorney’s Office for the...more

DOJ-Antitrust Revises Guidance on Coverage of "Current" Employees in Company Leniency Agreements

by Jones Day on

The U.S. Department of Justice's ("DOJ") Antitrust Division historically has extended leniency to cooperating companies and their current employees, even "highly culpable" employees who were very involved in the price-fixing...more

SEC Brings Post-MCDC Enforcement Actions Against Underwriter and Officials

On April 5, 2017 the SEC released two orders instituting cease-and-desist proceedings (consent decrees) which are the first post-MCDC cases finding securities law violations based on misstatements in official statements...more

ASIC, I have breached the law. Credit licensees may be subject to mandatory self-reporting rules. - A key difference between the...

by Dentons on

A key difference between the ACL and AFSL regime has been that credit licensees have no obligation to report breaches. The absence of breach reporting was an intentional feature of the ACL regime. During the process of...more

Inside New FAR Rule On Untimely Payments To Subcontractors

New changes to the Federal Acquisition Regulation impose mandatory reporting requirements on federal prime contractors who fail to make full and timely payments to their small business subcontractors. Although little more...more

Parallel Universes: Antitrust Leniency and the FCPA Pilot Program

by Michael Volkov on

The world of science fiction can be exhilarating. If you ever read The Foundation Trilogy or Martian Chronicles, you know what I mean. The concept of parallel universes has always been an intriguing idea where believers can...more

Justice Department Policy Changes Limit Avenues of Immunity for Antitrust Crimes

by Miller Canfield on

The United States Department of Justice (DOJ) Antitrust Division offers immunity from prosecution to applicants who are the first to self-report antitrust violations. That immunity carries with it limited protection from...more

Lessons Learned and Compliance Trends from the VW and Takata Scandals (Part III of III)

by Michael Volkov on

When unraveling a major corporate scandal, especially multi-year schemes involving senior executives, the blame game or lessons learned approach can easily turn into a fruitless exercise. The VA and Takata scandals are...more

Higher Education Institutions are Beginning to Get an Education in the FCPA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: No differently than companies doing business overseas—especially in high-risk markets—American colleges and universities who do business overseas face real risks of violating the Foreign Corrupt Practices...more

Settlements Ended Under the SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative

by Cozen O'Connor on

The Securities and Exchange Commission (SEC) has ended settlements under its Municipalities Continuing Disclosure Cooperation (MCDC) Initiative. Details of the SEC’s MCDC Initiative can be found in our prior Alert. For those...more

Last Four Months of DOJ’s FCPA Pilot Program Could Provide Important Signals

by McGuireWoods LLP on

Last April, the Criminal Division of the U.S. Department of Justice launched a one-year pilot program in the Fraud Section’s Foreign Corrupt Practices Act (“FCPA”) Unit. The pilot program, self-described as “building” on the...more

FERC Staff’s White Paper on Manipulation Provides Insights on Commission’s Developing Manipulation Law

On November 17, 2016, the Office of Enforcement (“FERC Staff”) of the Federal Energy Regulatory Commission (the “Commission” or “FERC”) issued a White Paper on Anti-Market Manipulation Enforcement Efforts Ten Years After...more

FERC Enforcement Releases 2016 Annual Report

On November 17, 2016, the Federal Energy Regulatory Commission’s (FERC or “Commission”) Office of Enforcement (“Enforcement”) released its annual Report on Enforcement (the “2016 Report”). This year’s report is the 10th such...more

DOJ Publishes Guidance Encouraging Voluntary Self-Disclosures, Full Cooperation and Timely and Appropriate Remediation

by BakerHostetler on

On Oct. 2, 2016, the U.S. Department of Justice (DOJ), National Security Division (NSD) published Guidance setting forth its policy of encouraging business organizations to voluntarily self-disclose criminal violations of...more

New FCPA enforcement mechanism from the DOJ?

by DLA Piper on

n an aggressive effort to encourage companies to self-report putative violations of the FCPA, the Department of Justice has been touting several recent decisions to decline prosecutions ("declinations") based on the...more

The Bribery Act: The changing face of corporate liability – International Hurdles

by White & Case LLP on

The Serious Fraud Office (SFO) can investigate companies operating both in the UK and overseas, prosecuting bribery wherever the offence takes place, but its efforts are frustrated by international obstacles to investigations...more

Key Takeaways: Government Enforcement Investigations – Trends and Perspectives from the UK, US and China

On September 20, 2016, Skadden presented a seminar titled “Government Enforcement Investigations – Trends and Perspectives from the UK, US and China” in London. The UK Financial Conduct Authority (FCA) Director of Enforcement...more

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