On August 14, 2020, the US Department of Justice (the DOJ) issued its first Foreign Corrupt Practices Act (FCPA) Opinion Procedure Release in six years, which relayed that it did not intend to pursue an enforcement action...more
8/25/2020
/ Advisory Opinions ,
Banks ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fees ,
Foreign Banks ,
Foreign Corrupt Practices Act (FCPA) ,
Investment Adviser ,
Multinationals ,
State-Owned Enterprises ,
Subsidiaries
On October 7, 2019, the US Court of Appeals for the Second Circuit extended litigants’ ability to seek discovery under 28 U.S.C. §1782. Parties typically pursue discovery as part of the litigation process; however, Section...more
On August 9, 2019, the US Court of Appeals for the Second Circuit upheld a Chinese real estate developer’s conviction in United States v. Ng Lap Seng. The Court rejected defendant’s attempt to read an “official act”...more
On May 2, a federal district court judge minced no words in castigating the Government for effectively “outsourcing” its investigation into whether a bank manipulated the London Inter-Bank Offered Rate (LIBOR) to the bank...more
5/15/2019
/ Banks ,
Coercion ,
Cooperation ,
Corporate Counsel ,
Fifth Amendment ,
Government Investigations ,
Internal Investigations ,
Libor ,
Motion for Relief ,
Outsourcing ,
Risk Management ,
Self-Incrimination
On March 6, 2019, Mobile TeleSystems PJSC (MTS) consented to pay an $850 million sanction—the largest Foreign Corrupt Practices Act (FCPA) criminal penalty ever paid to the United States—and to a three-year monitorship to...more
A former banker has agreed to forfeit $43.7 million and has pled guilty to Foreign Corrupt Practices Act (FCPA) violations and money laundering in one of the largest individual FCPA enforcement cases to date. The two-count...more
In a much-anticipated appellate decision, the Court of Appeal of England and Wales has clarified English law regarding litigation privilege applicable to internal investigations, which has significant implications for US...more
On November 29, 2017, the US Department of Justice (DOJ) issued a revised Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy and sweetened the deal for companies that self-report instances of foreign bribery....more
When the US Supreme Court decision in TC Heartland was published, many patent practitioners thought that the decision would adversely affect the Eastern District of Texas, a popular venue for patentees because of its quick...more
7/13/2017
/ Corporate Counsel ,
Forum Shopping ,
Patent Infringement ,
Patent Litigation ,
Personal Jurisdiction ,
Principal Place of Business ,
Raytheon ,
SCOTUS ,
State of Incorporation ,
TC Heartland LLC v Kraft Foods ,
Venue
A recent decision out of the English High Court narrows the scope of the legal advice privilege, which will have important implications for US companies that have ties to the UK.
...more
While countless news outlets have reported the recent Congressional override of President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA), few have given much thought to the more nuanced consequences...more
In today’s competitive food and beverage industry, product labeling plays a significant role in marketing. Labels touting a product’s “natural” ingredients or health benefits allow manufacturers to charge a premium for their...more
The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more
1/29/2016
/ Auto-Dialed Calls ,
Campbell Ewald v Gomez ,
Class Action ,
Corporate Counsel ,
FCC ,
SCOTUS ,
Standing ,
TCPA ,
Third-Party ,
Vicarious Liability ,
Young Lawyers
The Litigation Group of Sutherland Asbill and Brennan LLP has published REDIAL: Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends.
This publication reflects our in-depth analysis of significant...more
1/12/2016
/ Auto-Dialed Calls ,
Campbell Ewald v Gomez ,
Class Action ,
Corporate Counsel ,
Declaratory Rulings ,
Energy Sector ,
FCC ,
Health Care Providers ,
Insurance Industry ,
Popular ,
Prior Express Consent ,
Regulatory Agenda ,
TCPA
The year 2014 saw a surge in class action filings under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements captured the headlines. The Federal Communications Commission (FCC) provided...more
The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a...more
To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or...more
What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone...more