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The Latest Securities Litigation Target

Among the very, very latest trends in securities class action lawsuit filings are suits against for-profit educational companies. Just since the middle of last week, at least five companies in this sector have been tagged with new lawsuits, four of which were securities class actions. These lawsuits...

What Steps Can Lead to a Reduction in a FCPA Fine?

Earlier this month, in the FCPA Blog , Bruce Hinchey discussed his upcoming publication, " Punishing the Penitent: Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements " which analyzes differences between bribes paid and penalties levied against companies that do...

How to Turn a Season Around

One of the more enjoyable aspects of a baseball season is its length. The fortunes of a team can ebb and flow over the course of a 162 games season. So even if a team starts out abysmally, it can pick things up over the course of the spring and summer and give some hope to the team in September and...

What is your FCPA Investigation Protocol?

Speaking at the IQPC 2010 Internal and Regulatory Investigations in Oil and Gas Conference , Dominic Sheils, Compliance Counsel for John Wood Group PLC, and James W. Noe, Senior Vice President, General Counsel and Compliance Officer for Hercules Offshore, Inc., discussed two different approaches to...

Miranda and the FCPA: Do You Have the Right to Remain Silent?

In a recent posting, the FCPA Blog posed the question of whether a company employee was warned "that concealing information from company lawyers conducting an internal FCPA investigation could be a federal crime?" The FCPA Blog raised this question in the context of a company's internal...

Proposed Amendments to the FCPA

In a White Paper released today by the US Chamber Institute for Legal Reform, entitled " Restoring Balance-Proposed Amendments to the Foreign Corrupt Practices Act ", authors Andrew Wiessmann and Alixandra Smith argue that the time is ripe to amend the Foreign Corrupt Practices Act (FCPA...

FCPA Settlement Day: DOJ Guidance on the Best Practices of a Corporate Compliance Program

In what the FCPA Blog termed a day of making history "for the most companies to simultaneously settle FCPA-related violations, [the] Global logistics firm Panalpina and five of its oil-and-gas services customers resolved charges with the DOJ and SEC, and another customer settled with the SEC...

The End of the FCPA Facilitation Payment Exception?

In November, 2009 the Organization for Economic and Co-operation and Development (OECD) announced a new recommendation at the OECD's celebration of "International Anti-Corruption Day" and the Tenth Anniversary of the " Entry into Force of the OECD Anti-Bribery Convention "....

A “New Era” of FCPA Enforcement

"We are in a new era of FCPA enforcement" Assistant AG Lanny Breuer declared in remarks at a conference on Tuesday . The Department of Justice is stepping up FCPA enforcement, which is good for business, despite the contention of some critics. Increased enforcement is reflected in by a...

FCPA Enforcement: Crafting Incentives to Foster Compliance

FCPA enforcement has been marked by the aggressive approach adopted in recent years by The Department of Justice and the SEC. As Acting Deputy Assistant Attorney General Greg Andres told a Senate Committee this week "over approximately the last two years, we have substantially increased the...

The FCPA and Mergers and Acquisitions

In a webinar on December 2, 2010, Michael Volkov, partner in the law firm of Mayer Brown and Ryan Morgan, Sales and Alliance Director of World Compliance, discussed the implications of the Foreign Corrupt Practices Act (FCPA) to mergers and acquisition. They advise that businesses which seek to...

Congressional Hearings for Amendment of the FCPA

At what the FCPA Blog termed "an unprecedented investigation into the Department of Justice's (DOJ) enforcement of the Foreign Corrupt Practices Act (FCPA)", on November 30, 2010, at a hearing entitled the " Examining Enforcement of the Foreign Corrupt Practices Act " before...

“Instrumentality Thereof” under the FCPA: An Absurd Result?

The prognosticators have now spoken (yet again) and decreed that the Houston Astros will be this year's worst team in baseball. We are well into the first week of Spring Training and the Houston Chronicle has reported that Baseball Prospectus has predicted only 67 wins for the hometown heroes...