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|DOJ’s FCPA Enforcement Power Gets A Big Boost|
Bethany Hengsbach; Sheppard, Mullin, Richter & Hampton LLP;
August 6, 2014, previously published on July 29, 2014In 2011, the Department of Justice (“DOJ”) stated that “[i]t’s not necessarily the wisest move for a company” to challenge the definition of “foreign official” under the Foreign Corrupt Practices Act (“FCPA”), and that “[q]uibbling over...
|Encryption - Don’t Leave Home (or Work) Without It|
Robert G. Marasco; Procopio, Cory, Hargreaves & Savitch LLP;
August 4, 2014, previously published on July 29, 2014Encryption is more commonly becoming the recipe to avoiding the harsh consequences of a data breach. Some of those consequences include penalties for violations of the Health Insurance Portability and Accountability Act (“HIPAA”) and similar state laws, governmental enforcement actions...
|SEC Pulls the Trigger on Smith & Wesson: Anti-Bribery Lessons for Canadian Companies|
Graham Erion; Davis LLP;
August 1, 2014, previously published on July 31, 2014Well-known American gun manufacturer, Smith & Wesson Holding Corporation (“Smith & Wesson”), became the latest high-profile target of the Securities & Exchange Commission’s enforcement of the Foreign Corrupt Practices Act (“FCPA”) on July 28, 2014 when the...
|The Case for an International Anti-Corruption Court|
James Maton; Edwards Wildman Palmer LLP;
July 29, 2014, previously published on July 21, 2014The lack of political will is undoubtedly the biggest obstacle to investigating and prosecuting corruption and to bringing proceedings to recover the proceeds of corruption. All other obstacles are secondary.
|Good News for Hong Kong Companies with Bilingual Names|
Loretta W.M. Chan, Patrick C. K. Wong; Mayer Brown JSM;
July 26, 2014, previously published on July 25, 2014Since the commencement of the Companies (Disclosure of Company Name and Liability Status) Regulation (Cap.622B) ("Regulation"), a subsidiary legislation of the Companies Ordinance (Cap.622) in March this year, practitioners and compliance professionals have been concerned about its impact...
|US Government Agencies Expand Ukraine-Related Sanctions|
Suzan Min Lehmann; Hinckley, Allen & Snyder LLP;
July 23, 2014, previously published on July 21, 2014On Wednesday, July 16, 2014, President Obama announced new economic sanctions that restrict access by targeted companies in Russia’s financial and energy sectors to US capital markets. These sanctions are being implemented by the U.S. Department of the Treasury’s Office of Foreign Asset...
|Brussels Regulation Reform—Effects Felt Beyond Europe|
Christopher Braithwaite, Adam R. Brown, Lucas J. Moore; Jones Day;
July 14, 2014, previously published on July 2014From 10 January 2015, the reformed Brussels Regulation will be applied by the courts of all Member States of the European Union to regulate matters of jurisdiction and the recognition and enforcement of judgments in connection with civil and commercial claims. The impact of the "key"...
|Choice of Contractual Governing Law: A Key Risk Management Tool|
Stephen Antle; Borden Ladner Gervais LLP;
July 9, 2014, previously published on July 4, 2014This is the first in a series of bulletins highlighting practical strategies for dealing with common issues in international business transactions and disputes. This bulletin is about choice of contractual governing law - a key risk management tool in international business transactions.
|Make 'Em Pay! Sovereign Nation Or Not|
Joseph T. King; Burr & Forman LLP;
July 7, 2014, previously published on June 26, 2014On June 16, 2014, the United States Supreme Court ruled that the Foreign Sovereign Immunities Act doesn't forbid or limit post-judgment discovery in aid of execution. Indeed, there is nothing wrong with a judgment creditor seeking discovery in a supplemental proceeding of a sovereign nation's bank...
|U.S. Supreme Court Rejects Limits on Post-Judgment Discovery Into Foreign States’ Assets: Supreme Court Holds That Post-Judgment Discovery Into the Overseas Assets of a Foreign State Is Not Barred by the Foreign Sovereign Immunities Act|
Sullivan Cromwell LLP;
June 27, 2014, previously published on June 16, 2014The U.S. Supreme Court held today that the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1602 et seq., does not bar post-judgment discovery into the overseas assets of a foreign state. In Argentina v. NML Capital Ltd., No. 12-842 (June 16, 2014), a divided Court affirmed the Second...