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Corporate Counsel

Europe Surpasses US in Number of Ongoing Bribery Investigations, Report Says

The report from TRACE International also revealed that China surpassed every other country as far as where the most bribery violations occurred over the past four decades.
3 minute read

Daily Business Review

Venezuela-Linked Trust Sues Foreign Oil Traders for Bribes

A trust linked to Venezuela's state oil company PDVSA has filed a lawsuit against major international energy trading firms for their alleged role funneling bribes to corrupt company officials in exchange for rigged oil purchase contracts.
5 minute read

Corporate Counsel

Corporate Lawyers Like New DOJ Enforcement Policy, But Seek More Clarity

DOJ announced it had extended its voluntary self-reporting guidelines last week at the American Bar Association's 32nd annual National Institute on White Collar Crime in San Diego.
4 minute read

New York Law Journal

New DOJ FCPA Enforcement Policy Raises Difficult Questions for Companies Considering Voluntary Disclosures

On Nov. 29, 2017, Deputy Attorney General Rod Rosenstein announced a new FCPA Corporate Enforcement Policy based on the 2016 FCPA Pilot Program, which first attempted to formalize the DOJ's treatment of self-disclosure, cooperation, and remediation in the FCPA enforcement context. In announcing the new Policy, Rosenstein explained the DOJ's view that the Pilot Program had been successful, significantly increasing self-disclosure rates. The Policy, however, is a somewhat mixed bag for companies struggling to decide whether to voluntarily disclose misconduct.
8 minute read

Litigation Daily

Daily Dicta: After Morgan Lewis Exit, Can Former Fox New Host Andrea Tantaros Survive Pro Se?

David and Goliath is one thing, but this? It's David versus three Goliaths plus a battalion of Big Law lawyers. Also, Baker Botts scores the best kind of win for Cobalt International Energy.
7 minute read

Corporate Counsel

Face Trial Over Bribery, or Drastically Change? This German Company Chose Change

Bilfinger had two choices: keep doing the same things and risk going to court on criminal charges, or do something radical.
4 minute read

Connecticut Law Tribune

DOJ's New FCPA Enforcement Policy: Clarity for Companies and a Warning for Individuals

The new FCPA policy provides the much-needed assurance that fulsome voluntary self-disclosure of FCPA violations will likely serve to avoid criminal prosecution. At the same time, the new FCPA policy signals that the government will continue to combat corporate misconduct by focusing on individual misconduct.
7 minute read

New York Law Journal

CFTC 2018 Enforcement: Where the Puck Is Going

Over the last year, the CFTC continued to align itself with other, more frequently-lauded enforcement agencies like the U.S. Department of Justice and U.S. Securities and Exchange Commission. But the CFTC also closed out its fiscal year having brought only 49 enforcement actions, nearly 30 percent fewer actions than in FY2016, and obtaining orders totaling approximately $412 million in restitution, disgorgement and penalties, amounting to only one-third of the $1.29 billion garnered in FY2016.
9 minute read

National Law Journal

Who Is Zack Harmon, New Chief of Staff to FBI Director Wray?

Harmon and FBI Director Christopher Wray worked together for years at the firm King & Spalding.
3 minute read

New York Law Journal

FCPA Remedies: Where Do We Stand?

International Criminal Law and Enforcement columnists Philip Patterson and Vera Kachnowski write: The end of 2017 marked both the 40th anniversary of the FCPA and a $965 million FCPA settlement with Swedish telecommunications company, Telia Company AB. As we begin the new year, FCPA watchers will be closely monitoring how remedies such as this evolve under both SEC and DOJ authority, in light of other 2017 developments.
8 minute read

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