Cross-Border Investigations Update - May 2015

Skadden, Arps, Slate, Meagher & Flom LLP
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In This Issue:

- Recent Prosecutions and Settlements:

FCPA Enforcement Trends and Developments: Recent U.S. Foreign Corrupt Practices Act enforcement trends include the growing importance of corporate cooperation with the U.S. Department of Justice and the U.S. Securities and Exchange Commission, and increasing coordination between U.S. and non-U.S. authorities.

- Emerging Trends in China:

Whistleblower Complaints Continue to Rise: Companies should take steps to mitigate the risks of the rise of whistleblower activity in China and elsewhere.

- SEC Wins Push to Investigate China-Based Companies: The SEC continues to investigate China-based companies that issue securities listed in the U.S.

- Congress Holds Power to Reach Foreign Documents and Information Abroad: U.S. congressional committees can use a range of investigative tools to obtain relevant evidence from foreign corporations headquartered abroad.

- Recent Bribery Trial Highlights New Corporate Sentencing Approach in UK: The forthcoming sentencing of a U.K. company convicted of offenses involving the bribery of foreign public officials will likely set the standard for future sentences under new U.K. guidelines.

- EU Data Protection Laws: A Continuing Challenge for Cross-Border Investigations The European Union will maintain stringent requirements for the transfer of personal data to non-EU countries, while the EU’s and the U.S.’s views concerning data protection continue to diverge.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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