Paul J. McNulty, Stephen Martin, Patrick Thesing
challenging legal and regulatory environment has made it absolutely essential
to establish an effective global compliance program. This need is fueled by the
Aggressive FCPA enforcement in recent years has presented corporate officials with difficult choices regarding compliance and cooperation. Crafting, implementing and maintaining an effective FCPA compliance system can be time consuming and costly, particularly...
In a story first reported in the Wall Street Journal (WSJ), entitled " Halliburton Says Court Approved Corruption Lawsuit Settlement " , Sam Rubenfeld reported that Halliburton has settled a shareholder derivative action which had been filed...
Can you synthesize and reconcile the world's leading laws, regulations and commentaries on the best practices an anti-bribery and anti-corruption compliance program? I recently saw one such approach by Paul McNulty and Stephen Martin of the law firm...
A number of PRC based issuers have been named as defendants in SEC enforcement actions. These cases involve a range of issues including financial fraud, manipulation and misuse of assets.
Misrepresentations and financial fraud...
The parties to the Freeport-McMoRan Copper & Gold, Inc. Derivative Litigation have finalized an agreement to settle the consolidated litigation pending in the Delaware Chancery Court in exchange for a payment of $137.5 million and for the company’s...
Just a short ten days ago I wrote about how thrilled I was that the National Football League’s (NFL) 95 th season was upon us and pro football was about to begin. But in the intervening 10 days, it is if the very football gods from Mount Olympus...
Enforcement of the United State Foreign Corrupt Practices Act ("FCPA") has reached record highs in recent years. With this increase in FCPA enforcement attention, companies act at their peril when they do business internationally without a well...
Belatedly, we boldly go where no Canadian actor has ever
gone before, to celebrate yesterday's birthday of William Shatner, Captain Kirk
of the original Starship Enterprise. I thought about Captain Kirk and his
leadership of the Enterprise in the...
In the post on Tuesday we wrote and discussed several
points about Warren Buffet, Berkshire Hathaway and David Sokol. One of the
issues was disclosure to the Securities and Exchange Commission (SEC) of any
possible securities violations. Another issue...
Don Pardo died this week. While perhaps not of the public stature of Robin Williams or Lauren Bacall, whom we lost last week, his passing nonetheless was well noted in the national media. Pardo lived to the ripe old age of 96 and got his start in the...
At the recent Compliance Week 2011 Conference one of the
Key Note Speakers was Preet Bharara, United States Attorney for the Southern
District of New York. His topic was the general principles of ethics, integrity
and corporate culture. I found his...
This Legal Alert addresses the "White Paper
on High-Level Corporate Governance Principles for Use in U.S. Insurance
Regulation" Click here for White Paper exposed
for comment at the Spring NAIC Meeting in Austin, Texas. The...
Corporate charters and bylaws
serve many important functions with practical applications to corporate
governance and M&A transactions. Among other things, (1) they establish
procedural guidelines for corporate governance (stockholder meetings...