Blog Archives

Corruption Roundup: Biomet, UK and US Regulations, Sanctions in Burma and Europe, & More

For your reference, here is a roundup of recent law firm advisories covering corruption-related happenings around the globe. Ranging from Burma sanctions to Biomet settlements, see: Fools Rush In: Social and Environmental Due Diligence in Burma (Foley Hoag LLP) “… companies should consider how they would conduct business responsibly in Burma, were the investment-related sanctions to… Read more »

Indian Patent Office Grants Compulsory License for Generic Version of Bayer’s Nexavar

On March 12, 2012, India’s Patent Office granted Indian drug manufacturer Natco Pharma a compulsory license to sell a generic version of Bayer AG’s kidney and liver cancer drug Nexavar. It’s the first time an Indian company has been granted a compulsory license under the Indian Patent Act of 2005, the law which allows the… Read more »

International Updates: Afghan Security, The Sherman Act, Biomet & FCPA, Export Control Enforcement, and More

For your reference, five recent law firm advisories with wide-ranging international focus: 1. Afghanistan’s Ban on Private Security Companies: What are the Risks for Private Investors? (Foley Hoag) “At this time, the Afghan Public Protection Force (APPF) is currently slated to fill the security void created by the ban on PSCs. The APPF is a… Read more »

[Video] "Losing His Way" – The Massive Ponzi Fraud Scheme of Attorney Marc Dreier

Interesting video interview in today from Bloomberg Law: [Link: Ponzi Schemer Marc Dreier Confesses ‘Sins’ in New Film] “Marc Simon, a filmmaker and partner at Cowan, DeBaets, Abrahams & Sheppard LLP, discusses his documentary ‘Unraveled’ which explores the downfall of Marc Dreier, a prominent Manhattan attorney, who was convicted of orchestrating a massive fraud scheme.… Read more »

Most Popular Corporate Law Posts – Mar 2012

What’s on your mind? Human trafficking, the mortgage foreclosure settlement, investor visas to the US, and HIPAA compliance and violations, among other things. For your reference, here’s a look at the most-read Corporate Law Report posts over the past month: 1.California Transparency in Supply Chains Act Takes Effect January 1, 2012  “The California Transparency in… Read more »

Supreme Court Remands Myriad Following Rejection of Prometheus Patents

When a unanimous Supreme Court earlier this month rejected Prometheus’ claims that isolated DNA sequences are patentable (see Mayo v. Prometheus: SCOTUS Issues Landmark IP Law Opinion), many wondered if the diagnostic testing patents held by Myriad Genetics would meet a similar fate. It took less than one week to get the answer. On March… Read more »

HIPAA Violation Leads to $1.5M Fine: 5 Takeaways for Businesses

In November 2009, 57 unencrypted computer hard discs containing protected health information of more than one million people were stolen from a storage locker leased by Blue Cross Blue Shield of Tennessee (BCBST). Recently, the Department of Health and Human Services entered into a $1.5 million settlement with BCBST over privacy and security violations as… Read more »

International Interesting: Syria, Russia, UK Bribery, Qatar, Australia, More

Seven international updates caught our eye today. For your reference:  Russia Accedes to OECD Anti-Bribery Convention (Dinsmore & Shohl) “The law defines foreign government official to include any appointed or elected official who has a position in any legislative, executive, administrative, or judicial branch of a foreign country or an individual who serves any public… Read more »

Energy Law Updates: Offshore Wind Farms, Solar Projects, Government Contracts, Hydropower, & More

For your reference, here’s a roundup of commentary on recent legal developments in the renewable and alternative energy industry:  Wind Power Offshore Wind Energy Development in Mid-Atlantic Moving Forward (Venable LLP) “Coinciding with the publication of the environmental assessment, [the Bureau of Ocean Energy Management (BOEM)] announced that it is soliciting statements of interest from… Read more »

Brazil Revises Foreign Bribery Bill

Brazil is making its foreign bribery bill easier to understand, which should help companies doing business in the country build and refine their compliance strategies. From anti-corruption lawyer Matteson Ellis: “The amendments clarify and boost the voluntary disclosure program, which should be a welcomed change for companies. In the earlier version, companies that self reported… Read more »

The Economic Espionage Act

Foreign corporate spying and the theft of trade secrets are alive and well, according to the federal government. And the Economic Espionage Act is an important tool in combatting such activities. From law firm Quinn Emanuel: “The [Economic Espionage Act] is a far-reaching law that criminalizes two distinct but related types of trade secret misappropriation:… Read more »

Lawyer: Asking for Facebook Password in Hiring Process Might Violate the Federal Stored Communications Act [Video]

JD Supra Biznews: The web is abuzz with news (and fairly unanimous outrage) that some employers are asking job candidates for their Facebook passwords, as way to do proper due diligence on the folks they’re hiring. Make what you will of the practice, personally, there are certainly legal implications to it. … Watch the video:… Read more »

FCPA Definitions of “Foreign Official” and “Instrumentality” Remain Broad

International law firm White & Case has produced a useful overview of recent judicial decisions regarding the definition of “foreign official” and “instrumentality” of the government under the Foreign Corrupt Practices Act. Their analysis highlights an important issue for businesses that interact with foreign state-owned companies:  “… courts faced with challenges to charges based on… Read more »

FCPA: A Look Into The Future of Enforcement

Are the tactics of Foreign Corrupt Practices Act enforcement changing? That’s the question white collar and anti-corruption lawyer Mike Volkov ponders in Wiretaps — A New Tool for FCPA Enforcement?: “While the whistleblower rules are important and justify vigilant compliance efforts, there is a more significant, and possibly damaging, trend for FCPA enforcement. Corporations now… Read more »