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In determining whether officer was "successful on the merits," Court refuses to look "behind the result" of criminal and regulatory proceedings.

Make no mistake: one thing has become increasingly evident from recent press releases and headlines regarding settlements for violations of the Foreign Corrupt Practices Act—we are in a new era of enforcement.

Published below is a statement received from Mr Keith Ruddock, General Counsel Exploration and Production, Shell International B.V. It relates to the article herein: "The insider story of Shell’s Sakhalin II debacle".

In the closely watched Galleon trial, hedge fund billionaire Raj Rajaratnam has now been convicted of all 14 conspiracy and securities fraud charges he was facing over alleged insider trading.

The Foreign Corrupt Practices Act ("FCPA" or "the Act") is usually associated with its prohibitions against foreign bribery. The provisions of the Act relating to bookkeeping and internal controls (collectively, the "accounting provisions") receive less publicity but are much more likely to form the basis of a government proceeding against companies subject to the Act.

After considering a trilogy of cases, the Supreme Court of the United States held that Congress’ proscription of fraudulent deprivations of the intangible right of honest services is limited to schemes involving bribes and kickbacks. In Skilling v. United States, the Court vacated the Fifth Circuit’s ruling affirming former Enron CEO Jeffrey Skilling’s conspiracy conviction, which was based on an honest services fraud theory pursuant to 18 U.S.C. § 1346.

In 2015, the year after the DOJ resolved several long-term and large-dollar FCPA investigations, the most significant FCPA story was the sharp decrease in both the number and size of the DOJ's corporate FCPA resolutions.

Published below is a statement received from Mr Keith Ruddock, General Counsel Exploration and Production, Shell International B.V. It relates to the article herein: "The insider story of Shell’s Sakhalin II debacle".

On December 13, 2011, the U.S. Department of Justice ("DOJ") sent shockwaves through the business community when it indicted eight former senior executive and agents of Siemens AG for conspiracy to violate the U.S. Foreign Corrupt Practices Act of 1977 ("FCPA") and other charges.

Marubeni Corporation pleaded guilty to one count of conspiring to violate the anti-bribery provisions of the FCPA and seven counts of violating the FCPA.

On January 29, 2015, the U.S. Government released a final rule amending the Federal Acquisition Regulation.

Tax enforcement is back in vogue. In the past few years, the Internal Revenue Service has dramatically ramped up its compliance functions. The budget for tax enforcement has increased, additional agents are on board, and the tax community is witnessing an increase in examination, tax litigation, and criminal investigation activity. The IRS has become more aggressive in pursuing companies, law firms, and accounting firms through the examination and summons processes.

This article examines a recent and unprecedented expansion of the responsible corporate officer doctrine, also known as the Park doctrine.

Public corruption is a significant legal risk for any corporation doing business around the globe, particularly in developing and transition economies. Over the last 30 years, however, governments have taken great strides to reduce official corruption worldwide.

Imagine the horror: a corporate executive confides in a family member, sharing information about her career (and, therefore, about her company), and the family member trades in the company’s securities.

The European Commission has published its legislative proposal to revise the Market Abuse Directive. The proposal takes the form of a directive and a regulation.

NERA has developed a proprietary database of settlements and judgments in Securities and Exchange Commission enforcement actions since the passage of the Sarbanes-Oxley Act.