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On November 26, 2013, Weatherford International ("Weatherford" or "the Company"), an oil-field services company that trades on the New York Stock Exchange, agreed to pay $253 million in criminal and civil penalties as part of a global settlement with the U.S. government to resolve claims that the Company and its subsidiaries violated the Foreign Corrupt Practices Act ("FCPA") and various export control and sanctions laws.

In the mid-1970's, the U.S. Securities and Exchange Commission lead a heated investigation into over 400 U.S. companies accused of making questionable or illegal payments to foreign government officials, politicians and political parties.

In a 2-1 decision, the Ninth Circuit recently held that claims arising out of the alleged transfer of $4 billion from PG & E’s bankruptcy estate to the parent corporation must be heard in state court instead of federal district court. City & County of San Francisco v. PG & E Corporation, --- F.3d ---, 2006 WL 44315 (9th Cir. Jan. 10, 2006).

The SEC approved the issuance of an interpretive release regarding the safe harbor afforded by Section 28(e) of the Securities Exchange Act of 1934, as amended. The SEC has not made the interpretive release itself available, but did issue a press release providing some details (summarized within article) regarding its forthcoming soft dollar guidance.

As Congress begins its 2014 session, all signs point to an agenda dominated by aggressive congressional investigations.

On April 8, 2011, Johnson & Johnson ("J&J") entered into a deferred prosecution agreement ("DPA") with the Department of Justice (the "DOJ") and a consent decree (the "Consent Decree") with the Securities and Exchange Commission (the "SEC" and, collectively, the "U.S. Government") resolving criminal and civil liabilities for alleged violations of the Foreign Corrupt Practices Act (the "FCPA") by wholly owned subsidiaries in Greece, Poland and Romania, as well as allegations relating to concerns

The Department of Justice's National Fraud Enforcement Division has issued new guidance outlining aggressive corporate enforcement priorities targeting healthcare, government contracts, tax evasion, and trade fraud. What factors will prosecutors weigh most heavily when recommending charges, and how will the new partnership between Division prosecutors and the Corporate Enforcement Section reshape corporate investigations and compliance oversight?

This week, the Fraud Section of the DOJ announced a pilot program that extends additional "mitigation credit" to qualifying companies that "fully cooperate" in matters involving the FCPA.

The U.S. Department of Justice has recently announced the indictment of a managing partner of U.S. broker-dealer Direct Access Partners.

The U.S. Supreme Court extended Apprendi to criminal fines when it reversed a several million dollar fine imposed on Southern Union Co., a natural gas distributor, for unlawfully storing liquid mercury at a facility in Rhode Island in violation of the Resource Conservation and Recovery Act of 1976 ("RCRA").

While the flow of modern international business is greatly aided by the involvement of customs brokers, freight forwarders, sales agents, foreign distributors, and other third-party intermediaries, a company cannot rely on these outside parties to meet its obligations under the growing web of International Regulatory obligations. Recent enforcement cases in each of these areas have demonstrated that companies walk a fine line when working with these third-party intermediaries: on one hand, the i

On Tuesday, the Senate passed S. 386, the Fraud Enforcement and Recovery Act of 2009 ("FERA"), to address concerns about the potential for fraud by mortgage handling companies, financial institutions, and other recipients of TARP and economic stimulus funds.

When can a corporation's compliance program help stave off indictment? Or at least secure it more lenient treatment from the Department of Justice when resolving a case?

The U.S. Department of Justice (DOJ) recently announced "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017.

In November 2010, Tidewater Inc. paid more than $15 million to US regulators to settle charges that it had violated the Foreign Corrupt Practices Act ("FCPA").

In the last year, we have seen a noticeable uptick of charges involving market manipulation brought by the DOJ, the SEC, and the CFTC.

Rosenstein stated that, without this discretion, corporate resolutions are delayed and attorneys potentially pursue civil litigation that is "unlikely to yield any benefit."

Prosecutions under the Foreign Corrupt Practices Act have skyrocketed in the last several years as the U.S. Department of Justice has trained its sights on incarcerating individuals who make corrupt payments to foreign officials in exchange for securing a competitive business advantage.