Topic: FCPA

Recent Lawsuits Outline Rules for Prosecuting Foreign Nationals Under the FCPA

“The [Straub] decision … highlights the very broad reach sought by US authorities for the FCPA, and the risk that foreign national executives may find themselves facing FCPA enforcement actions in the United States based on minimal contacts with the United States, including their use of electronic communications services based in or routed through the… Read more »

Doing Business in China: Need-to-Know from JD Supra

From online privacy, to revised labor laws, to health care considerations, and more … here’s a roundup of recent legal advisories covering a broad range of issues on doing business in the People’s Republic of China. For your reference: Privacy in China: New Rule to Protect Personal Information (Dechert LLP): “The Standing Committee of the… Read more »

[Video] Corporate Law Report: News to Use Now

Welcome to the latest edition of JD Supra’s Corporate Law Report, which includes: executive speed dating of the “need to know” variety; good reasons to conduct a trademark audit now; a look at top FCPA enforcement in 2012 and what they mean for your compliance plans; a clarification of the Economic Espionage Act; and more.… Read more »

2012 in Review – The Most Popular Corporate Law Report Posts of the Year

What’s on your mind? Four themes in particular, if we go by what you’ve read over the past year: Legal issues related to doing business internationally Dodd-Frank regulations and other financial reforms Intellectual property Health care, including in particular HIPAA regulations and health care reform As popular as those issues were, however, there are many… Read more »

What Stands Out In the SEC & DOJ’s New Guide to FCPA Compliance?

“Although much of the guidance walks through established DOJ and SEC positions and practices, the [Resource Guide to the U.S. Foreign Corrupt Practices Act] does, through the use of real-world examples and detailed hypotheticals, provide more concrete direction than was previously available.” (Foley Hoag) Earlier this week, the Securities and Exchange Commission and the Department… Read more »

DOJ and SEC Publish Guide to the Foreign Corrupt Practices Act (FCPA)

The long-awaited federal guide to the Foreign Corrupt Practices Act is out. Published by the Criminal Division of the U.S. Department of Justice and the Enforcement Division of the U.S. Securities and Exchange Commission, the 130-page guide provides an in-depth look at both the law and the way that government officials are enforcing it. See for… Read more »

From Russia, With Love: 3 Legal Updates

These recent updates aimed at foreign companies doing business in Russia remind us of the stark contrast between Ian Fleming’s Cold War Russia and the Russia of today, which joined the World Trade Organization earlier this summer. On accounting, arbitration and anti-corruption, from Russia with JD Supra love: 1. New accounting rules on January 1,… Read more »

Pfizer Settles FCPA Charges for $60 Million

[Link: The Pfizer DPA Enhanced Compliance Obligations-the New Normal? by Thomas Fox] Earlier this month, global pharmaceutical company Pfizer Inc. agreed to pay $60 million to the U.S. Securities and Exchange Commission and the U.S. Department of Justice to settle charges that the company violated the Foreign Corrupt Practices Act. From law firm Warner Norcross… Read more »

SEC Enforcement, Oversight, and Authority: A JD Supra Legal Reader

For your convenience, a roundup of updates on the topic of SEC enforcement, organized into three broad categories: enforcement actions, oversight and authority, and procedures. Enforcement Actions “District of Columbia Circuit Vacates SEC Default Order for Failure to Apply Rule Consistently” in Inside the Courts: An Update From Skadden Securities Litigators (Skadden, Arps, Slate, Meagher… Read more »

Most Popular Corporate Law Posts – Apr 2012

What’s on your mind? Human trafficking, online advertising, corporate bribery, and legal issues for nonprofits, 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 Supply Chains Act of… Read more »

What Wal-Mart’s Mexican Bribery Scandal Means to Corporate Compliance & the FCPA

(Wal-Mart Bribery Allegations: Initial Impressions by Thomas Fox) In a stunning revelation this weekend, the New York Times reported on millions of dollars in bribes spent by Wal-Mart de Mexico – and covered up by Wal-Mart’s board and senior management – to support the unit’s rapid expansion to market dominance in Mexico. If the allegations… Read more »

5 Characteristics of an Effective Corporate Compliance Program

Any corporation whose business extends beyond United States borders must have a comprehensive and effective compliance program to address the rules of the Foreign Corrupt Practices Act – and, for that matter, any additional corruption regulations in countries where they conduct business. But a good program is more than a set of rules, it’s a… Read more »

The $22.5 Million Co-Pay: 5 Lessons from the Biomet Bribery Case

Open (your wallet) wide and say “Aaah” – late last month, medical device manufacturer Biomet, Inc. paid more than $20 million to settle charges that it bribed doctors around the world to boost sales of its products over an eight-year period. It’s the latest in a long line of recent settlements over violations of the… Read more »

China Law Roundup: Criminal Procedure, FCPA, Banking Fee Investigation, CIETAC Arbitration Rules, Drug Safety, & More

For your reference, a roundup of recent Chinese legal news and developments of interest to multinationals active in the country: China’s Parliament Adopts Revision to Criminal Procedure Law (Sheppard Mullin Richter & Hampton LLP) “On March 14, 2012, the fifth session of the National People’s Congress adopted the latest revision to China’s Criminal Procedure Law… Read more »

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 »