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Episode 9 -- The Need for a Robust Criminal Antitrust Compliance Program

by Michael Volkov on

Global companies and corporate officers and employees face significant criminal antitrust risks.  The US Department of Justice's Antitrust Division has a mature and aggressive enforcement program targeting illegal cartel...more

Second Circuit Overturns Convictions, Dismisses Indictments In LIBOR Case Due To Taint Of Testimony Compelled By Foreign...

by Shearman & Sterling LLP on

On July 19, 2017, the United States Court of Appeals for the Second Circuit overturned the convictions of Anthony Allen and Anthony Conti, former traders at Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. (“Rabobank”)...more

President Trump Issues Two Executive Orders on Trade and Customs Enforcement, and Trade Deficits

On March 31, President Trump signed two Executive Orders (EOs) that address trade. The first EO addresses increased enforcement of U.S. trade and customs laws and specifically calls for plans and strategies to combat the...more

Directors’ Duties in the UK (England and Wales)

by Reed Smith on

A director who breaches the obligations and duties imposed on him by his office may be liable to compensate the company for breach of duty, may incur personal liability for the company’s debts, may also face criminal or civil...more

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

by Ladas & Parry LLP on

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

2016 Mid-Year Global Cartel Enforcement Report

by Morgan Lewis on

Cartel enforcement activity promises to remain busy In the coming months and into 2017 Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more

Industrial Espionage and the Defend Trade Secrets Act

American corporations are facing an ever increasing threat of misappropriation of their valuable trade secrets through industrial espionage, defined as the theft of a company’s trade secrets by an actor intending to convert...more

UK Market Abuse Regime Extends Its Reach: Implications for Market Participants

by Morgan Lewis on

The new regime shares the same aims as its predecessor—to ensure the integrity of EU financial markets and enhance investor confidence—and keeps pace with market developments such as new trading platforms, new technology, and...more

Top Ten International Anti-Corruption Developments for May 2016

by Morrison & Foerster LLP on

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

"US Supreme Court Continues to Limit Extraterritorial Application of US Laws"

Adding to a line of decisions limiting the extraterritorial application of U.S. statutes, the U.S. Supreme Court yesterday issued its decision in RJR Nabisco v. European Community. In a 4-3 decision, the Court held that to...more

Supreme Court Decides RJR Nabisco, Inc. et al. v. European Community et al.

by Faegre Baker Daniels on

On June 20, 2016, the Supreme Court of the United States decided RJR Nabisco, Inc. et al. v. European Community et al., No. 15-138, holding that at least some of the substantive provisions of the Racketeer Influenced and...more

Enforcement Of EU Member State Judgment

by Allen & Overy LLP on

Enforcement proceedings are not the appropriate avenue for appealing a foreign court judgment on the merits, and recognition and enforcement of an EU Member State judgment can only be refused in exceptional circumstances. In...more

The Challenge of Returning Forfeited Assets to Corrupt Countries

In an interview on CCTV America, The Heat, I responded to a question by show host and panel moderator, Anand Naidoo, about the often controversial process of criminal and civil forfeiture. Also appearing on the show was...more

High Court Reaffirms the Broad Scope of Legal Advice Privilege

by WilmerHale on

In a High Court ruling on 5 November 2015, Mr. Justice Snowden helpfully reaffirmed the established precedent that legal advice privilege is not confined to telling the client the law: it may also attach to factual updates...more

Putting the “force” into enforcement: the Commercial Court sentences arbitration award defaulters to 18 months in prison

by Reed Smith on

A recent decision demonstrates the English courts’ resolve in the enforcement of arbitration awards and court orders. It is a useful reminder to those facing obstructive counterparties of the measures available to enforce...more

Blog: Introducing Illicit Enrichment In The UK: A Proposal By Transparency International UK

by Cooley LLP on

Too often, for a variety of reasons, law enforcement agencies are unable to take meaningful action against assets suspected to be corrupt. That might be, for example, because the state that has suffered corruption is unable...more

Privy Council Clarifies When Innocent Third Parties are Liable to Victims of Fraud

by Cooley LLP on

To what extent must a bank make inquiries as to the commercial purpose of a transaction, particularly a transaction involving an offshore structure? And when is a bank liable to compensate a victim of theft for receiving...more

Blog: International Enforcement Of English Asset Recovery Judgments: An Overview

by Cooley LLP on

Civil proceedings brought by the state are one mechanism to recover the proceeds of crime, or to claim compensation for corrupt acts: as discussed in our previous post Recovering the proceeds of corruption: an overview....more

The Pirate Bay blocked in Portugal

by DLA Piper on

A recent Intellectual Property Court decision in Portugal determined that the main telecommunications operators have until the end of March to block the access of its users to The Pirate Bay domains, either through its main...more

Alert: Recovering the Proceeds of Corruption: How States Can Recover Stolen Assets

by Cooley LLP on

Cooley discusses the legal options open to states seeking to locate, freeze and recover the proceeds of corruption laundered to foreign states, and considers their advantages and disadvantages. Corruption cases are...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The SEC filed one new action this week – an administrative proceeding involving the principal of an investment adviser and undisclosed conflicts of interest. The Commission also amended a complaint in an insider trading...more

Justice Department’s Kleptocracy Forfeiture Action Against Real Estate Allegedly Linked to Honduran Bribery Scheme Underscores...

Earlier this month, the U.S. Department of Justice filed a civil forfeiture action seeking to recover certain Louisiana real estate allegedly purchased with funds traceable to a $2 million bribe paid to a former Honduran...more

GSK Convicted – We are really, really sorry we paid bribes (and got caught)

by Thomas Fox on

“GSK plc sincerely apologies to the Chinese patients, doctors and hospitals, and the Chinese Government and the Chinese people.” With those words, the British pharmaceutical giant GlaxoSmithKline (GSK) PLC was...more

Last Week In Securities Litigation (Week ending August 8, 2014)

by Dorsey & Whitney LLP on

Last week the SEC brought an action this centered on hidden fees and a series of actions centered on microcap fraud and investment fund fraud. A pump and dump actions was filed centered on the manipulation of six different...more

This Week In Securities Litigation (Week ending August 1, 2014)

by Dorsey & Whitney LLP on

The Commission continued to focus on the markets this week, brining another action involving the operation of a partially dark pool. The ECN operator was a subsidiary of Citigroup. The SEC alleged that confidential customer...more

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