May 04, 2022 | New York Law Journal
Limiting Options for Corporate Crime Victims Under Federal Restitution Law'Afriyie' has created a bright line rule that may ultimately protect some defendants from having to pay certain exorbitant sums as restitution. On the other hand, the decision also creates a maddening and impractical situation for corporate counsel.
By Evan T. Barr and Arthur Kutoroff
9 minute read
April 13, 2022 | New York Law Journal
Terminating Contracts Based on Known or Suspected FCPA ViolationsWhile 'McConnell' and 'Cicel' may provide a basis for companies to terminate a contract based on FCPA violations by a counterparty, there is uncertainty about how a New York court will analyze any related breach claim, including the degree of connection that a court will require between the FCPA violation and the counterparty's performance under the contract.
By Joshua D. Roth and Arthur Kutoroff
9 minute read
September 06, 2017 | New York Law Journal
FCPA StandstillIn his Corporate Crime column, Steven M. Witzel, joined by Arthur Kutoroff, write: Notwithstanding Trump administration antipathy to "zealous" anti-corruption enforcement, and perhaps assuaged by post-election expressions of support from administration officials and confidence in line prosecutors, commentators have near-unanimously predicted a steadfast continuation of this robust FCPA enforcement. The facts to date do not support these initial predictions.
By Steven M. Witzel and Arthur Kutoroff
19 minute read