News & Analysis as of September 23, 2024

Statute of Limitations › Foreign Corrupt Practices Act (FCPA)

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

New Ten-Year Statute of Limitations for Sanctions Violations

King & Spalding on 5/8/2024

Implications Related to the Doubling of the Statute of Limitations for Civil and Criminal Violations of Two Primary Sanctions Authorities - SUMMARY - On April 24, 2024, President Biden signed into law a foreign military...more

DOJ Enhancing Its Sanctions Toolkit

Womble Bond Dickinson on 5/2/2024

President Biden recently signed a foreign aid bill that will have significant implications for United States sanctions enforcement, specifically Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705)...more

Sanctions Violations: New 10-Year Statute of Limitations

Fenwick & West LLP on 5/1/2024

On April 24, 2024, President Biden signed into law an emergency supplemental appropriations law, H.R. 815 (Public Law 118-50), that provides substantial military aid to Ukraine, Israel, and Taiwan and could force the sale of...more

Nutter Securities Enforcement Update: October 1, 2022

Nutter McClennen & Fish LLP on 10/1/2022

The Nutter Securities Enforcement Update is a periodic summary of noteworthy recent securities enforcement activity, settlements, decisions, and charges. ...more

Unpacking the DOJ and SEC FCPA Resource Guide

Faegre Drinker Biddle & Reath LLP on 10/12/2020

In November 2012, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) issued A Resource Guide to the U.S. Foreign Corrupt Practices Act (the Resource Guide), intended to give companies and...more

Revised FCPA Guidance: New Case Updates (Part II of V)

The Volkov Law Group on 7/14/2020

Over the last eight years, FCPA litigation has increased. Companies are still avoiding the risks of litigation and losing to the Justice Department and the SEC. Individuals, on the other hand, have clear incentives to...more

DOJ And The SEC Publish Long-Awaited Update To The FCPA Resource Guide

Vinson & Elkins LLP on 7/10/2020

On July 3, 2020, the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) published the Second Edition of “FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act” (the “Guide”)....more

DOJ and SEC Release Second Edition of FCPA Resource Guide

Foley Hoag LLP on 7/7/2020

On July 3, 2020, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released the Second Edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”). As...more

SEC Enforcement after Kokesh and Cohen

Dorsey & Whitney LLP on 8/2/2018

The remedies the Securities and Exchange Commission (“SEC”) can seek in its enforcement actions are a critical question in the wake of the Kokesh v. SEC, 137 S.Ct. 1635 (2017) and SEC v. Cohen, Civil Action No. 17-cv-430...more

Decision Dismissing SEC FCPA Claims Extends Recent Supreme Court Rulings Curtailing SEC Enforcement Authority

Alston & Bird on 7/27/2018

A federal court has extended the fence the U.S. Supreme Court put around the Securities and Exchange Commission. Our Government & Internal Investigations and Securities Litigation Groups examine the ruling and how it could...more

SEC's FCPA Charges Against Executives Dismissed As Time-Barred

A&O Shearman on 7/17/2018

On July 12, 2018, Judge Nicholas G. Garaufis of the United States District Court for the Eastern District of New York dismissed the Securities and Exchange Commission’s charges against two former executives of a hedge-fund...more

Inside the Courts – An Update From Skadden Securities Litigators - November 2017/ Volume 9 / Issue 4

Skadden, Arps, Slate, Meagher & Flom LLP on 11/30/2017

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between August 2017 and October 2017....more

SEC Expected to Expedite FCPA Investigations in Light of Kokesh

McGuireWoods LLP on 11/17/2017

On November 9, 2017, Steven R. Peikin, Co-Director of the SEC’s Division of Enforcement, delivered a keynote speech at a conference commemorating the 40th anniversary of the enactment of the Foreign Corrupt Practices Act...more

The Future of FCPA Enforcement After Kokesh

Pillsbury Winthrop Shaw Pittman LLP on 11/15/2017

Increased international cooperation, more aggressive investigations and greater focus on individual accountability. In light of the U.S. Supreme Court’s decision in Kokesh v. SEC, the SEC is expected to prioritize quicker,...more

FCPA Compliance Report-Episode 346, Mike Skopets on Miller’s Summer 2017 FCPA Report

Thomas Fox - Compliance Evangelist on 8/21/2017

In this episode, I visit with Mike Skopets, from Miller & Chevalier on the firm’s Summer 2017 FCPA Report. We discuss the background to the Report and begin with what macro trends the firm identified. We discuss the numbers...more

Corporate Investigations and White Collar Defense - July 2017

Manatt, Phelps & Phillips, LLP on 8/1/2017

Supreme Court Limits SEC’s Disgorgement Power - Why it matters: On June 5, 2017, the Supreme Court held in Kokesh v. SEC that the five-year statute of limitations found in 28 U. S. C. §2462 with respect to actions for...more

Anti-Corruption Digest - July 2017

Dorsey & Whitney LLP on 7/7/2017

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. The Digest puts material regarding anti-corruption enforcement from around the world at your fingertips, keeping you ahead of critical events that impact global...more

FCPA Digest - July 2017 - Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act

A&O Shearman on 7/6/2017

Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best...more

Red Notice Newsletter - June 2017

Akin Gump Strauss Hauer & Feld LLP on 7/4/2017

ANTICORRUPTION DEVELOPMENTS - Linde Group Receives DOJ Declination Pursuant to FCPA Pilot Program - On June 16, 2017, German based chemical and gas company Linde Group’s American affiliates, Linde North America Inc....more

In Rare Victory for Corporations, Supreme Court Limits SEC Power with Significant Implications for FCPA Settlements

Blank Rome LLP on 6/14/2017

Action Item: Last week’s Supreme Court of the United States decision in Kokesh v. SEC will significantly limit the Securities and Exchange Commission’s (“SEC”) ability to collect disgorgement for violations of the Foreign...more

This Week in FCPA-Episode 56

Thomas Fox - Compliance Evangelist on 6/11/2017

This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: 1. The Kokesh case at the US Supreme Court is significant for SEC enforcement of the FCPA around profit...more

SEC’s Negotiating Power Curbed - U.S. Supreme Court holds disgorgement subject to a five-year statute of limitations

Pillsbury Winthrop Shaw Pittman LLP on 6/9/2017

Earlier this week, the U.S. Supreme Court resolved a circuit split among the Tenth and Eleventh Circuit Courts of Appeals by holding that because disgorgement in a Securities and Exchange Commission (SEC) enforcement action...more

U.S. Supreme Court Indirectly Limits Important Component of DOJ’s FCPA Pilot Program

McGuireWoods LLP on 6/8/2017

On June 5, 2017, the U.S. Supreme Court unanimously held in Kokesh v. Securities and Exchange Commission, No. 16-529, that the SEC may not reach beyond the general five year statute of limitations period in order to obtain...more

U.S. Supreme Court Significantly Limits SEC's Power to Recover Disgorgement

Jones Day on 6/7/2017

On June 5, 2017, in an unanimous ruling in Kokesh v. SEC, No. 16-529, the United States Supreme Court significantly limited the breadth of the Securities and Exchange Commission's primary enforcement tool. The Court held that...more

US Supreme Court: Five-Year Statute of Limitations Applies to SEC Disgorgement

Morgan Lewis on 6/7/2017

The Court’s opinion resolves a circuit split concerning the reach of disgorgement orders....more

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Statute of Limitations › Foreign Corrupt Practices Act (FCPA)

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