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On May 20, 2009, the President signed into law the Fraud Enforcement and Recovery Act of 2009 (“FERA”).

The False Claims Act’s six-year statute of limitations took a body blow on March 18, 2013 when a split panel of the Fourth Circuit Court of Appeals ruled that the Wartime Suspension of Limitations Act, 18 U.S.C. § 3287 applies to certain FCA claims.

The Iran Threat Reduction and Syria Human Rights Act of 2012 significantly expanded sanctions against persons who deal with Iran.

On 22 April 2013 the Takeover Panel (the Panel) announced changes to the City Code on Takeovers and Mergers (the City Code).

Twenty-two executives and employees of companies in the law enforcement and military equipment industry were arrested on January 18 for violations of the Foreign Corrupt Practices Act ("FCPA"), in the first ever Department of Justice ("DOJ") foreign bribery investigation using undercover federal agents.

In May of last year, Congress enacted a dramatic revision to the substantive provisions of the civil False Claims Act, but left alone the key jurisdictional "public disclosure / original source" bar put in place by Congress in 1986 to avoid parasitic qui tam suits.

Last week, in a False Claims Act ("FCA") case based on the so-called "implied false certification theory," the Sixth Circuit held that the plaintiff must plead a violation that is a "prerequisite to payment" and applied this requirement as a necessary element of proof of "falsity" under that theory.

On December 31, 2008, the SEC announced significant revisions to the rules governing disclosures by oil and gas companies.

There have been a number of recent English Court judgments of interest in the corporate field and this corporate update reports on cases relevant in relation to warranties and representations in M&A transactions, restrictive covenants in acquisition agreements, the enforcement of foreign judgments in cross-border insolvency proceedings and the piercing of the corporate veil.

The Justice Department received an unpleasant surprise last week.

The Securities and Exchange Commission ("SEC") has recently approved amendments to NASD Rule 2720 previously proposed by the Financial Industry Regulatory Authority ("FINRA") governing public offerings of securities in which a broker-dealer with a conflict of interest participates.

The SEC announced its first non-prosecution agreement last week, a four-page agreement with a children’s clothing marketer, Carter’s Inc., on December 17, 2010.

The SEC recently published its final rule release (the “Adopting Release”) announcing significant revisions to its rules governing disclosures by oil and gas companies.

The recent global financial crisis has led to an increased emphasis on cross-border regulatory enforcement.

On February 2, 2010, the U.S. Securities and Exchange Commission ("SEC") published an interpretive release to provide guidance to public companies on the application of existing SEC disclosure requirements to climate change matters (the "Climate Change Guidance").

The manner by which the agencies that oversee U.S. financial institutions regulate private equity investment in the banking business profoundly affects the ability of failing banks to attract capital, avoid taxpayer bailouts and minimize losses to the Deposit Insurance Fund.

This corporate update gives an overview of recent rule changes in respect of director remuneration and summarises recent decisions relating to good faith obligations, MAC provisions and unjust enrichment.

The Tenth Circuit‟s groundbreaking decision in "United States ex rel. Bahrani v. ConAgra, Inc.", No. 09-1163, 2010 WL 4188251 (10th Cir. Oct. 26, 2010) ("Bahrani II") demonstrates the power and scope of the intent requirement that emerged from the Supreme Court‟s 2008 decision in "Allison Engine Co. v. United States ex rel. Sanders", 553 U.S. 662 (2008).