For the second time in just over a month, a federal judge has denied a Federal Trade Commission (FTC) motion to enjoin the merger of two hospital systems, this time the 13-hospital Advocate Health Care and the 4-hospital...more
Hospitals and other providers who have been tracking Federal Trade Commission (FTC) and Department of Justice Antitrust Division hospital merger challenges over the last several years will want to take note of the federal...more
5/13/2016
/ Administrative Proceedings ,
Antitrust Litigation ,
Appeals ,
Divestiture ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Healthcare Reform ,
Hospital Mergers ,
Preliminary Injunctions ,
The Clayton Act
This week, the Fraud Section of the Department of Justice (DOJ) announced a pilot program that extends additional “mitigation credit” to qualifying companies that “fully cooperate” in matters involving the Foreign Corrupt...more
4/9/2016
/ Bribery ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Federal Sentencing Guidelines ,
Foreign Corrupt Practices Act (FCPA) ,
Individual Accountability ,
Internal Investigations ,
Popular ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes ,
Yates Memorandum
Companies in the automotive industry would be wise to pay attention to Foreign Corrupt Practices Act (the “FCPA”) compliance. What has in the past been a risk management issue principally for massive multi-national...more
Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more
1/12/2015
/ Americans with Disabilities Act (ADA) ,
Antitrust Provisions ,
Auto Parts ,
Automobile Recall ,
Automotive Industry ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Manufacturers ,
NHTSA ,
NLRB ,
Suppliers ,
V2V
The December 23, 2014, announcement by the U.S. Department of Justice (DOJ) that Alstom, S.A., a French power and transportation company, pled guilty to two Foreign Corrupt Practices Act (FCPA) charges and agreed to pay $772...more
12/30/2014
/ Accounting Controls ,
Alstom ,
Bribery ,
C-Suite Executives ,
Corporate Counsel ,
Corporate Criminal Fines ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Subsidiaries
The U.S. Foreign Corrupt Practices Act of 1977 (“FCPA”) presents significant liability, risks, and compliance challenges for U.S. firms pursuing business opportunities in India.
U.S. regulators have brought numerous...more
On October 22, 2013, the U.S. Department of Justice (“DOJ”) and the Securities & Exchange Commission (“SEC”) announced their agreements with Diebold Inc. (“Diebold”) regarding probes into alleged bribery of foreign bank...more
Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following...more
4/30/2013
/ Anti-Bribery ,
Anti-Corruption ,
China ,
Compliance ,
Copyright ,
Foreign Corrupt Practices Act (FCPA) ,
IBM ,
Inventors ,
Multinationals ,
Patents ,
Pfizer ,
Trade Secrets
On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the...more
2/20/2013
/ Acquisitions ,
Federal Trade Commission (FTC) ,
FTC v. Phoebe Putney Health System ,
Government Entities ,
Governmental Immunity ,
Governmental Liability ,
Hart-Scott-Rodino Act ,
Hospital Mergers ,
Hospitals ,
SCOTUS ,
State Action Doctrine
For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be...more
With the consequences of FCPA noncompliance ranging from “huge” to “catastrophic,” compliance should be top-of-mind for U.S. companies doing business with third-party intermediaries and subsidiaries overseas. In a...more
12/31/1969