Earlier this month, Deputy Attorney General Lisa O. Monaco announced an important extension of DOJ’s voluntary self-disclosure policy aimed specifically at incentivizing companies engaged in mergers and acquisitions “to...more
11/1/2023
/ Aggravating Factors ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Due Diligence ,
Integration ,
Mergers ,
Risk Mitigation ,
Safe Harbors ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
Net zero goals and carbon neutrality have hit the mainstream, propelled over the past decade by consumer and investor demands that businesses curb greenhouse gas emissions to counter the climate crisis. In response, companies...more
Deputy Attorney General (DAG) Lisa Monaco’s September 15, 2022, memorandum on revisions to the Department of Justice’s (DOJ) Corporate Enforcement Policies (the Monaco Memo) reflects that preservation of business...more
12/12/2022
/ Bring Your Own Device (BYOD) ,
CFTC ,
Commercial Electronic Messages ,
Compliance ,
Corporate Governance ,
Data Collection ,
Data Management ,
Department of Justice (DOJ) ,
Electronically Stored Information ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
Third-Party
On March 6, 2020, a Connecticut federal judge sentenced former power company executive Lawrence Hoskins to 15 months’ imprisonment on money laundering charges, following his acquittal by the court the previous week on foreign...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
8/30/2016
/ Airlines ,
Alstom ,
Anti-Corruption ,
Argentina ,
Brazil ,
Bribery ,
China ,
Civil Forfeiture ,
Compliance ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Fiduciary Duty ,
Foreign Corrupt Practices Act (FCPA) ,
Forfeiture ,
Malaysia ,
Mexico ,
Misappropriation ,
Offshore Drilling ,
Section 7 of UKBA ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Singapore ,
Sovereign Wealth Funds ,
Subsidiaries ,
UK
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
7/29/2016
/ Administrative Proceedings ,
Anti-Corruption ,
Brazil ,
Breach of Contract ,
Bribery ,
China ,
Constitutional Challenges ,
Corporate Counsel ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Subsidiaries ,
Guilty Pleas ,
Internet Service Providers (ISPs) ,
Japan ,
McDonnell v US ,
Medical Devices ,
Mexico ,
Non-Prosecution Agreements ,
OECD ,
Pharmaceutical Industry ,
Russia ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
UK ,
Venezuela ,
Yates Memorandum
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
6/28/2016
/ Anti-Corruption ,
Brazil ,
Bribery ,
Convictions ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Disgorgement ,
Foreign Corrupt Practices Act (FCPA) ,
IRS ,
Scandals ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Tax Deductions ,
Transparency ,
UK
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
5/12/2016
/ Anti-Corruption ,
Bribery ,
Canada ,
Casinos ,
China ,
Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Foreign Corrupt Practices Act (FCPA) ,
Kickbacks ,
Panama Papers ,
Real Estate Investments ,
Securities Fraud ,
Self-Reporting ,
UK ,
UK Bribery Act ,
US v Yates ,
Venezuela ,
Young Lawyers
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
4/25/2016
/ Anti-Corruption ,
China ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
Popular ,
Securities and Exchange Commission (SEC) ,
UK ,
Young Lawyers
When it was first enacted in 1863, the original purpose of the False Claims Act was to prosecute war profiteers who were selling sick mules and broken muzzle-loaded rifles to the Union Army. In recent years, its use has...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary...more
2/19/2016
/ Anti-Corruption ,
Bribery ,
Compliance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Governor McDonnell ,
Kickbacks ,
Money Laundering ,
OECD ,
Petrobras ,
Qualcomm ,
SCOTUS ,
Serious Fraud Office (SFO) ,
Spain ,
Transparency
Last month, for the second time, the D.C. Circuit in In re Kellogg Brown & Root Inc., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), granted a writ of mandamus sought by KBR and vacated a series of district court orders...more
10/5/2015
/ Attorney-Client Privilege ,
But For Causation ,
Code of Conduct ,
Cooperation ,
Department of Justice (DOJ) ,
Discovery ,
False Claims Act (FCA) ,
Federal Contractors ,
Government Investigations ,
Internal Investigations ,
KBR (formerly Kellogg Brown & Root) ,
Legal Advice Privilege ,
Privilege Waivers ,
Professional Misconduct ,
Qui Tam ,
Self-Disclosure Requirements ,
Suspensions & Debarments ,
Whistleblowers ,
Work-Product Doctrine
On Aug. 12, 2015, Vincente Garcia (former head of Latin American sales for SAP International Inc.) pled guilty in federal court in San Francisco to violations of the Foreign Corrupt Practices Act. In addition to pleading...more
8/28/2015
/ Anti-Bribery ,
Bribery ,
Chief Compliance Officers ,
Compliance ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
Kickbacks ,
Panama ,
Popular ,
Securities and Exchange Commission (SEC) ,
Software ,
Technology Sector
On August 12, 2015, Vincente Garcia (former head of Latin American sales for SAP International, Inc.) pleaded guilty in federal court in San Francisco to violations of the Foreign Corrupt Practices Act (FCPA). In addition to...more
8/18/2015
/ Anti-Bribery ,
Bribery ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Guilty Pleas ,
Popular ,
Securities and Exchange Commission (SEC) ,
Subsidiaries
False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue...more
8/5/2015
/ False Claims Act (FCA) ,
First-to-File ,
KBR (formerly Kellogg Brown & Root) ,
KBR v ex rel Carter ,
Litigation Strategies ,
Pleading Standards ,
Public Disclosure ,
Qui Tam ,
Relators ,
Res Judicata ,
Rule 9(b) ,
SCOTUS ,
Statistical Sampling ,
Whistleblowers ,
WSLA
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month with links to primary...more
In This Issue:
- Protection of Security Relevant Information vs. Enhancement of Global Competition – Germany's "No Spy Decree" for Public Tenders under Continuous Scrutiny
- RWIND Tenderer Test: Objective or...more
Following on the heels of its landmark 2014 ruling in United States v. Esquenazi, the Eleventh Circuit has issued another important decision addressing the Foreign Corrupt Practices Act (FCPA) in a related case, United States...more
The U.S. Department of Justice wasted no time announcing its first Foreign Corrupt Practices Act case of 2015. On Jan. 6, 2015, just two days into the first full week of the new year, Dmitrij Harder, the former owner and...more
The U.S. Department of Justice (“DOJ”) wasted no time announcing its first Foreign Corrupt Practices Act (“FCPA”) case of 2015. On January 6, 2015, just two days into the first full week of the new year, Dmitrij Harder, the...more
The Department of Justice (“DOJ” or the “Department”) just issued its most recent FCPA Opinion Release, only the second in 2014. The Requestor, a publicly traded U.S. consumer products company, sought an opinion as to whether...more
11/20/2014
/ Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
FCPA Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Halliburton ,
Halliburton v Erica P. John Fund ,
Integration ,
Jurisdiction ,
Successor Liability ,
Target Company
In one of the most important decisions of the year for corporate legal departments, on June 27, the D.C. Circuit held that a company’s internal investigation documents were protected by the attorney-client privilege where...more
In a courtroom in New Haven, Connecticut, on March 19, 2014, Marubeni Corporation (Marubeni), a storied Japanese trading company headquartered in Tokyo, pleaded guilty to an eight-count criminal information charging Marubeni...more
The filing of a shareholder class action has become routine following a drop in stock price after the revelation of adverse news about a company. Allegations of corruption at a public company are proving to be no different,...more
Last week was a busy week for compliance officers and FCPA practitioners. On November 14, the long-awaited FCPA guidance from the DOJ and SEC was released. In the following days, senior DOJ and SEC officials spoke at the...more