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  • Article

    SEC Proposes Whistleblower Rules

    On November 3, 2010, the SEC proposed rules to implement the new Dodd-Frank Act whistleblower provisions.
    United StatesCriminal Law
    Holland & Knight
    Holland & Knight
  • Article

    Stormy Weather: DOJ Signals Shift In Corporate Cooperation Policy

    On September 9, 2015, the U.S. Department of Justice (DOJ) announced that it is refocusing its efforts on individual accountability in civil and criminal investigations of corporate misconduct.
    United StatesCriminal Law
    Dykema Gossett
    Dykema Gossett
Article

TARP Fund Recipients Should Be Cautious And Vigilant In Responding To TARP Inspector General Requests

On October 3, 2008, then President Bush signed into law the Emergency Economic Stabilization Act of 2008 ("EESA"), which created the Office of the Special Inspector General for the Troubled Asset Relief Program ("SIGTARP").
United StatesCriminal Law
Jones Day
Jones Day
  • Article

    The Devil Is In The Detail: Call For Global Standards For Corporate Settlements In Foreign Bribery Cases

    Yesterday saw the OECD host an Anti-Bribery Ministerial meeting in Paris to discuss how to strengthen the implementation of its Anti-Bribery Convention. In the run up to the meeting, the respective heads of Corruption Watch UK, Transparency International, Global Witness and the UNCAC Coalition each signed an open letter dated 10 March 2016, addressed to the OECD's Secretary General.
    United StatesCriminal Law
    WilmerHale
    WilmerHale
  • Article

    Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases

    Perpetrators who return money to their victims after a fraud has been uncovered will obtain no benefit under this provision.
    United StatesCriminal Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Third Circuit Endorses Use Of In Camera, Ex Parte Witness Interview By Judge To Determine Whether Crime-Fraud Exception Justifies Compelling Attorney To Disclose Privileged Conversation

    Twenty-five years ago, the Supreme Court in United States v. Zolin, 491 U.S. 554 (1989) endorsed the use by district judges of in camera and ex parte review of privileged documents in order to determine whether the privilege was vitiated by the crime-fraud exception.
    United StatesCriminal Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry

    Those of you who follow, or at least sporadically read, this blog know that it attempts to treat in a considered way important issues facing the white collar bar and our clients.
    United StatesCriminal Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    U.K. Implements Global Supply Chain Disclosure Requirements

    On October 29, 2015, Part 6 of the U.K. Modern Slavery Act 2015 ("MSA 2015") came into force. The MSA 2015 has been described as a "historic milestone" by the U.K. Home Secretary and is representative of the increased focus on combatting human trafficking in global supply chains that we have seen from both U.S. and U.K. regulators in recent months.
    United StatesCriminal Law
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    White Collar Roundup - December 2012

    In a show of solidarity, the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) issued a guidance manual for the Foreign Corrupt Practices Act (FCPA), aptly titled FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act.
    United StatesCriminal Law
    Day Pitney LLP
    Day Pitney LLP
  • Article

    "You've Got Someone Sitting In Your Backyard": FCPA Enforcers Discuss International Cooperation, ESG, Data, And Monitorships

    Enforcement authorities have used the FCPA's books and records provision to pursue violations that do not involve bribery.
    United StatesCriminal Law
    Arnold & Porter
    Arnold & Porter
  • Article

    More Local 'Wage Theft' Ordinances May Soon Be Enacted In Florida

    On June 12, 2012, Broward County authorized its County Attorney to draft a wage theft ordinance for consideration by the County Commission.
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Advancing the Debate? Senate Judiciary Committee Hearings Suggest that Criminal Law Enforcement Might be Needed to Curb Manipulative "Short and Distort" Schemes

    "Short selling promotes market liquidity." "Short selling is un-American." "Public companies that choose to fight short sellers are always fraudulent enterprises." "Hedge fund short sellers are heroes; they uncovered Enron." "Hedge funds can only make money by engaging in elaborate market manipulations that buy off research analysts and spread untruths into the marketplace."
    United StatesFinance and Banking
    Thelen LLP
    Thelen LLP
  • Article

    U.S. Government’s Use Of The "Park Doctrine" To Police Pharmacies

    Based on the current public scrutiny that compounding pharmacies are under due to the outbreak of fungal meningitis in Massachusetts, pharmacy executives may want to review their internal procedures for compliance with the FDCA to ensure they are robust.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Duane Morris LLP
    Duane Morris LLP
  • Article

    U.S. Sentencing Commission Sends Congress New Requirements for an Effective Compliance and Ethics Program

    The U.S. Sentencing Commission recently promulgated amendments to the Federal Sentencing Guidelines that pertain to the sentencing of corporations and other organizations.
    United StatesGovernment, Public Sector
    Katten
    Katten
  • Article

    Crime Coverage — Who Is An Employee And Who Is An Authorized Representative?

    In a recent case, a parent company took out a crime insurance policy for itself and its subsidiaries. When a property manager for its subsidiary
    United StatesInsurance
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    District Court Dismisses Criminal Charges After Finding That Government Violated Constitutional Rights In Pressuring Employer Not To Advance Legal Fees

    On July 16, 2007, in U.S. v. Stein, the U.S. District Court for the Southern District of New York dismissed criminal charges pending against 13 of 16 defendants, all former partners or employees of the KPMG accounting firm, after finding that the government's actions in pressuring KPMG not to advance the defendants' legal expenses violated their constitutional rights to due process and legal counsel.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    DOJ and SEC Officials Outline FCPA Enforcement Priorities

    On January 25, 2011, officials from the US Justice Department and the Securities and Exchange Commission reiterated their commitment to aggressive FCPA enforcement for the current year.
    United StatesLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    False Claims Act: 2016 Year-in-Review

    In 2016, the Department of Justice (DOJ) continued to give high priority to False Claims Act (FCA) investigations and prosecutions.
    United StatesLitigation, Mediation & Arbitration
    WilmerHale
    WilmerHale
  • Article

    Stock Options Update: Indictments and IRS Investigations

    In the past two months, the U.S. Securities and Exchange Commission initiated investigations of about 80 companies for potential accounting and disclosure problems relating to the dating of their stock option grants.
    United StatesTax
    Pillsbury Winthrop Shaw Pittman
    Pillsbury Winthrop Shaw Pittman
  • Article

    Do Not Pass Go: Federal Judge Orders Execs Jailed For Contempt Of Recall Order

    The Northern District of Georgia held the CEO and a senior vice president of Hi-Tech Pharmaceuticals in contempt for their repeated delays in carrying out a court-ordered recall.
    United StatesConsumer Protection
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Showing 321–340 of 1022 results

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