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Anti-Corruption Enforcement: Analyzing the Enforcement Approaches of the US, the UK and France

Anti-Corruption enforcement is a top priority in France, the UK, and the US. Each of these countries has armed its enforcers with the enforcement tools necessary to investigate and prosecute corporations and individuals. Join...more

Corporate Criminal Liability – Perspectives from the US, UK and France

Shakespeare’s observation that the “past is prologue” certainly applies to corporate criminal liability in the UK and France, as these jurisdictions embrace with gusto corporate prosecutions akin to those pursued in the US...more

What enforcement tools are in the armoury of prosecutors in the US, UK and France?

Summary: Deferred prosecution agreements have been widely used by US prosecutors since the early 2000s. Prosecutors in the UK and France only obtained this power in 2014 and 2016 respectively – but they are making up for...more

The CLOUD Act: Broadening both U.S. and Foreign Governments’ Reach into Individuals’ Data

The new U.S. CLOUD Act directly addresses the very real challenges faced by law enforcement agencies in the U.S. and internationally in accessing increasingly globalized communications data and provides clarity to...more

DOJ to Apply FCPA Corporate Enforcement Policy as "Nonbinding Guidance" to Other Crimes

DOJ’s Acting Head of the Criminal Division, John Cronan, announced publicly that the FCPA Corporate Enforcement Policy, which is now part of the U.S. Attorney’s Manual and is considered formal guidance for FCPA cases, would...more

Supreme Court Narrowly Construes the Definition of a Whistleblower Under Dodd-Frank

Today the Supreme Court held that an individual must report alleged wrongdoing to the Securities and Exchange Commission in order to qualify for protection from whistleblower retaliation under the Dodd-Frank Act. While...more

Foreign Corrupt Practices Act Enforcement: 2017 Year-in-Review

Enforcement of the Foreign Corrupt Practices Act (FCPA) again remained a high priority for the Department of Justice and the Securities and Exchange Commission in 2017, resulting in 11 companies paying over $1.92 billion to...more

SEC Announces More than $20 Million in Whistleblower Awards

In the course of one week, the United States Securities and Exchange Commission announced awards to three whistleblowers totaling more than $20 million under the Dodd-Frank Whistleblower Program. On November 30, the SEC...more

Anti-Corruption Update: A Global Perspective

Anticorruption conventions and legislation have global reach and introduce compliance demands on companies to prevent bribery. If your business operates on the global market, there is a risk that your employees or...more

Second Circuit Reverses Itself on Insider Trading

Stock traders who thought they could trade freely on gifts of inside information so long as the givers were not their close friends should rethink their strategy. The U.S. Court of Appeals for the Second Circuit this week...more

FCPA Investigations – Competitors Dropping the Dime

We often are asked how the U.S. government finds out about potential Foreign Corrupt Practices Act (FCPA) violations. Internal company whistleblowers are perhaps the main source....more

$2.5 Million SEC Whistleblower Award Goes to Government Employee

On July 25, 2017, the SEC announced another whistleblower award – this one for almost $2.5 million. What sets this award apart from earlier awards is its recipient – “an employee of a domestic government agency.” The Order...more

Second Circuit Hands Government a Major Setback in LIBOR Fraud Case

On July 19, 2017, the United States Court of Appeals for the Second Circuit issued a decision that could impact prosecutions of corporate employees that result from multi-jurisdictional investigations, such as those involving...more

Supreme Court Will Review Scope of Dodd-Frank Whistleblower Protections for Internal Reports

On the last day of its current session, the Supreme Court announced it will consider whether the Dodd-Frank whistleblower protections extend to corporate insiders who blow the whistle on their employers by reporting the...more

First Trump Administration FCPA Resolution is Tender not Tough

DC Partner Mark Sere and DC Senior Associate Kristin Robinson have presented a webinar providing a mid-year update on the FCPA. In it, Mark and Kristin read the tea leaves on whether the Trump Administration was going to be...more

FCPA: 2017 Mid-Year Review Webinar

Enforcement of the Foreign Corrupt Practices Act was a high priority for the Department of Justice and the Securities and Exchange Commission in 2016. There's interest in how the new administration could impact enforcement as...more

Supreme Court Limits SEC Ability to Seek Disgorgement by Holding Five-Year Statute of Limitations Applies to Such Actions

A five-year statute of limitations applies to actions by the Securities and Exchange Commission for disgorgement, the U.S. Supreme Court ruled today. The decision imposes a significant new limit on the SEC’s ability to seek...more

Are Your Internal Investigation Memos Protected as Privileged or Work Product?

A recent decision by Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia is a stark reminder that neither the attorney-client privilege nor the work product doctrine automatically protects...more

SEC Announces First Whistleblower Awards Under New Administration

In the past two weeks, the United States Securities and Exchange Commission announced the first two awards it has granted to whistleblowers under the Trump administration. On April 25, 2017, the SEC announced an award of...more

The Advice of Counsel Defense - Just How Far Does that Attorney-Client Privilege Waiver Go?

Following a recent federal court ruling, parties contemplating an advice of counsel defense must consider carefully the scope of the accompanying attorney-client privilege waiver. In United States ex rel. Lutz v. Berkeley...more

Effective Internal Compliance Programs

Effective compliance programs continue to gain importance. Across all industries, it is imperative that meaningful compliance programs are in place and that they are regularly assessed to account for new risks and changes in...more

The Foreign Corrupt Practices Act: A Primer

If your company engages in international sales of products or services, there is a risk that your employees or representatives may take actions that run afoul of the FCPA. In recent years, DOJ and the SEC have stepped up...more

Health Care FCA Decisions Applied to Criminal Case

False Claims Act (“FCA”) cases involving medical necessity continue to receive great attention. A March 7, 2017 opinion that overruled a jury’s criminal fraud conviction of a cardiologist demonstrates the broader implications...more

DOJ Pilot Program Will Continue…For Now

On March 10, a U.S. Justice Department official announced that agency will continue its one-year Pilot Program, which was introduced by DOJ’s Fraud Section and set to expire on April 5 of this year. As we described in an...more

Statistical Sampling in FCA Cases Remains Uncertain, But the Government’s Absolute Veto Power Regarding Settlements Gets Affirmed

While all hoped the Fourth Circuit would finally provide some clarity regarding the use of statistical sampling in False Claims Act (FCA) cases, Valentine’s Day 2017 yielded some surprising events for those awaiting the...more

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