By Sidhardha Kamaraju and Aaron Wiltse | December 19, 2024
Now that the Halkbank and In re Grand Jury Subpoena decisions have made clear that foreign sovereign immunity does not prevent DOJ from enforcing grand jury subpoenas through criminal contempt charges, state-owned corporations must understand these risks and incorporate them as the costs of doing business in the United States.
By Tommaso Baronio | December 12, 2024
As the Trump administration takes office in mid-January, the U.S. stands at a pivotal moment in the fight against financial secrecy, financial crimes, and corruption. Experts from the FACT Coalition, Transparency International U.S. and the Foundation for the Defense of Democracies unpacked the critical issues at stake in 2025 in a panel, unveiling the trends to watch.
By Emily Saul | December 6, 2024
“McKinsey welcomes the resolution of these matters and the closure of this regretful situation,” a spokesperson with McKinsey Africa said in a statement.
By Maria Dinzeo | October 10, 2024
"Very often, companies don't even realize that they are interacting with state-owned entities or third-party intermediaries with links to local government,"said Snežana Gebauer, a partner at StoneTurn.
New York Law Journal | Commentary|Expert Opinion
By Howard S. Master | October 7, 2024
Author Summary: The government's categorical refusal to recognize an economic extortion defense to liability under the Foreign Corrupt Practices Act (FCPA) lacks legal support and is unsound policy, particularly after the passage of the Foreign Extortion Prevention Act (FEPA) and the rise of foreign autocracies. Businesses faced with threats of serious economic harm abroad should develop a record supporting extortion claims. The federal government should recognize those claims to avoid punishing victims of illegal foreign corruption. It can do so without diminishing the FPCA's ability to combat foreign corruption's harms.
By Maria Dinzeo | September 11, 2024
The Securities and Exchange Commission said that in the three years after Deere bought Wirtgen Thailand, the unit plied government officials with cash, massage parlor visits and lavish sightseeing trips to Europe. regulator found Illinois-based John Deere failed to integrate Wirtgen Thailand, a former German outfit into its existing compliance and controls environment after acquiring Wirtgen Group in 2017, resulting in "bribery schemes going unchecked for several years," the SEC's FCPA division enforcement chief Charles Cain said in a statement. "This action is a reminder for corporations to promptly ensure newly acquired subsidiaries have all the necessary internal accounting control processes in place."
By Charles A. DeMonaco and Jana Volante Walshak | July 23, 2024
The importance of conducting an internal investigation and the factors and ethical considerations your organization should consider.
New York Law Journal | Analysis
By Christopher T. Zona | July 5, 2024
For those who advise clients on matters relating to cross-border compliance, the Foreign Corrupt Practices Act has been the primary federal anti-bribery law since 1977. That was until 2023, when President Biden signed into law the Foreign Extortion Prevention Act. In doing so, the federal government filled a longstanding gap that was unaddressed: the "demand side" of foreign bribery and corruption.
By Chris O'Malley | July 1, 2024
"Could there be certain employees who choose not to report internally because they have a prospect of a whistleblower award at DOJ--yes," said Steve Fagell, a Covington & Burling partner.
By Patrick Smith | May 15, 2024
ALM litigation reporter Emily Saul gets us up to date on the happenings at the first Trump criminal trial, including reaction to testimony from Michael Cohen and the bizarre behavior of several Republican politicians.
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