News & Analysis as of

Foreign Corrupt Practices Act (FCPA) Private Equity

Paul Hastings LLP

Private Company Report: Q1 2025

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This edition of the Private Company Report highlights critical developments and regulatory changes affecting private companies, including recent presidential actions, SEC guidance on Regulation D and amendments to the...more

Proskauer - The Capital Commitment

Top Ten Regulatory and Litigation Risks for Private Funds in 2025

Confession: writing this in May 2025, we cannot predict with confidence what the rest of 2025 will bring. The year has already seen four months of change and upheaval – political, regulatory, and economic. The new US...more

A&O Shearman

What the U.S. Department of Justice’s new M&A safe harbor policy means for PE firms

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On October 5, 2023, Deputy Attorney General, Lisa Monaco, announced a new safe harbor policy for voluntary self-disclosures made in the mergers and acquisitions context. The safe harbor policy will apply Department-wide and...more

Pillsbury Winthrop Shaw Pittman LLP

Establishing and Managing a Business in the UK 2023

Establishing and Managing a Business in the UK”, authored by the attorneys of Pillsbury’s London office, is a concise and practical guide for foreign investors in the UK. The guide covers key concerns and topics such as...more

Husch Blackwell LLP

Legal Insights for Manufacturing

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We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year...more

A&O Shearman

What to Expect from the Biden Administration

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The inauguration of Joe Biden as President of the United States has set in motion a number of significant policy changes. In this panel discussion, our U.S. legal and policy specialists shared their insights on what our...more

Thomas Fox - Compliance Evangelist

Bribery Schemes from 2019 FCPA Enforcement Actions

In today’s blog post, I want to look at some of the more unusual bribery schemes from Foreign Corrupt Practices Act (FCPA) enforcement actions in 2019. Some of these schemes were not unusual but they were accomplished with...more

Thomas Fox - Compliance Evangelist

Gary P. Nunn, Redneck Rock and Opinion Release 04-02

One of the complaints still made about the Department of Justice (DOJ) is that companies are not made aware of the requirements of a best practices compliance program. ...more

Hogan Lovells

Steering the course – navigating bribery and corruption risk in private equity investments: Part 3

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Identifying Bribery and Corruption risk in the context of private equity investments (and M&A more generally) is key to ensuring the value of an acquisition. Companies will busy themselves with due diligence on tax,...more

Foley & Lardner LLP

Private Equity and the New Trump Administration: Your Top Ten Questions Answered

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The election of President Trump contained some positive signs for Private Equity (PE) fund managers. These included potential lower corporate taxes, a ten-percent tax holiday for funds parked overseas, large infrastructure...more

Foley & Lardner LLP

Private Equity and the New Trump Administration: Your Top Ten Questions Answered

Foley & Lardner LLP on

The election of President Trump contained more than a few positive signs for Private Equity (PE) firms. Promises of a lower corporate tax environment, a ten-percent tax holiday for funds parked overseas, large infrastructure...more

The Volkov Law Group

Badda Bing, Badda Boom!! — DOJ and SEC Make 2016 a Record Year for FCPA Enforcement (Part I of III)

The Volkov Law Group on

We begin the New Year with a three-part series on the FCPA: (1) A review of FCPA enforcement in 2016; (2) Trends from 2016 FCPA enforcement; and (3) Predictions for FCPA enforcement in 2017....more

Proskauer - The Capital Commitment

SEC Announces Record Number of Investment Adviser Cases for FY 2016

The Securities and Exchange Commission today announced its enforcement results for fiscal year 2016, reaching new highs in the number of actions filed and money ordered forfeited through disgorgement and penalties. The SEC...more

The Volkov Law Group

DOJ and SEC Deliver Body Blow to Private Equity and Hedge Funds: Och-Ziff Settles FCPA Violations for $412 Million (Part I)

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The Justice Department and the Securities Exchange Commission delivered a powerful FCPA enforcement message to private equity and hedge funds. Och-Ziff settled with the DOJ and SEC for total penalties of $412 million....more

Sheppard Mullin Richter & Hampton LLP

U.S. Targets Private Equity Funds for FCPA Scrutiny

The private equity industry is facing increased scrutiny by the U.S. Government for potential violations of the Foreign Corrupt Practices Act (“FCPA”). The Securities and Exchange Commission (“SEC”) has created a new private...more

The Volkov Law Group

Private Equity’s Corruption Risk Underbelly — Portfolio Companies

The Volkov Law Group on

FCPA enforcement will likely take a turn into the private equity industry. I know this is a regular claim by FCPA practitioners but we already can see the beginning of the trend. The “princeling” investigations are...more

Latham & Watkins LLP

Navigating FCPA Risks in Global Private Equity Ventures

Latham & Watkins LLP on

In light of the global nature of the private equity industry, minimizing Foreign Corrupt Practices Act (FCPA) risks is an important consideration for private equity firms and their portfolio companies. ...more

Akerman LLP

SEC Notes Growing Concern About Private Equity Fee Disclosures

Akerman LLP on

Recent comments by Andrew Bowden, Director of the Office of Compliance Inspections and Examinations for the Securities and Exchange Commission (SEC), highlight the growing tension between Dodd-Frank compliance and fund...more

The Volkov Law Group

Och-Ziff And Private Equity Corruption Risks

The Volkov Law Group on

Sometimes predictions come true. Starting in 2011, the SEC sent shock waves through the private equity industry when it launched a general inquiry into private equity compliance with the FCPA....more

The Volkov Law Group

The Financial Industry – Life Is Getting Tough

The Volkov Law Group on

Financial institutions, investment banks, private equity firms and hedge funds are having a rough time. Things are just not going well for them. While the economic outlook is turning positive, the enforcement atmosphere is...more

The Volkov Law Group

Private Equity FCPA Risks: Growing Rapidly

The Volkov Law Group on

Several years ago, the SEC sent shockwaves through the private equity and hedge fund industries. The SEC launched an industry investigation focused on the legal principle that foreign sovereign wealth funds were a part of...more

BakerHostetler

In the Crossfire Why Private Equity Firms, Investment Funds & Their Managers Should Beware of the Foreign Corrupt Practices Act

BakerHostetler on

Lance Armstrong and the world of competitive cycling has come under great scrutiny in recent days with the domination of the U.S. Postal team now undermined by the systematic doping that appears to have helped spur the team...more

The Volkov Law Group

Broker-Dealers: Pay Attention To Government Audits And Examinations

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The story of “The Boy Who Cried Wolf” applies with full force to the securities industry and the FCPA. ...more

McDermott Will & Emery

Distribution in China – Legal Issues

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

Pillsbury Winthrop Shaw Pittman LLP

Private Equity: Blindsided by the FCPA — Hedging Against Anti-Corruption Deal Risk

Until a few years ago, private equity firms enjoyed relative insulation from regulatory scrutiny of overseas acquisitions and the operations of multi-national portfolio companies. No longer is that the case. Spurred by the...more

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