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|U.S. Courts Continue to Deny Attempts to Bring Foreign Law Actions in U.S. Courts to Recover for Potential Losses in Foreign Transactions|
Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 18, 2015, previously published on September 16, 2015As we have mentioned previously, in the wake of Morrison v. National Australia Bank, securities plaintiffs are no longer able to assert claims under the U.S. securities laws to recover potential losses for transactions that occur on non-U.S. exchanges. However, particularly in cases where...
|The Yates Memo: Corporate Officers Under the Gun|
Jackie M. Bennett, Edwin J. Broecker; Taft Stettinius & Hollister LLP;
September 18, 2015, previously published on September 15, 2015Much has been written in the last days regarding the “Yates Memorandum” and whether it will truly mark the beginning of individual responsibility for corporate fraud or whether it is just more of the same, in a different format. The Yates Memo refers to the Sept. 9, 2015, memorandum...
|Eurozone Crisis: Possible Outcomes|
DLA Piper (Canada) LLP;
September 9, 2015, previously published on July 1, 2015There is no precedent for a country leaving the Euro, and speculation continues as to how the crisis will unfold, and what the consequences would be of an exit of a member. There is uncertainty around various scenarios, not least because there is no existing legal mechanism in the EU Treaties for...
|Foreign Corrupt Practices Act (FCPA): Israel Beware - Trends in Enforcement|
Daniel S. Harary; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 26, 2015, previously published on August 25, 2015Intuitively, Israeli companies and their directors would likely assume that their businesses are immune to investigation and the assessment of penalties by US regulators that are separated by a vast ocean and located more than 9,500 kilometers away. The reality, however, stands in contrast with...
|The $14.8 Million Internship: Personal Favor Creates an FCPA Violation|
Edwin J. Broecker; Taft Stettinius & Hollister LLP;
August 20, 2015, previously published on August 19, 2015On Aug. 18, BNY Mellon settled with the SEC allegations that it had violated the FCPA by hiring three interns. In re The Bank of New York Mellon Corporation, SEC Release No. 75720 (Aug. 18, 2015). The allegations stated that the three interns were not hired because of their individual...
|Comparison of the Discovery Process in Civil Litigation in the U.S. and Germany - An Introduction|
Claudia Borsutzki, Hagen Weiss; Murchison & Cumming, LLP;
August 11, 2015, previously published on August 6, 2015In light of the growth of border-crossing commerce and rapid development of international business relations, international law is becoming a more and more important part of the structure of our growing global society. This article focuses on the law of civil procedure in different jurisdictions,...
|Cyprus Courts Do Not Have Jurisdiction to Recognise and Register Foreign Arbitration Awards When neither the Applicant nor the Respondent Has Its Domicile in Cyprus|
Soteris Flourentzos; Soteris Flourentzos & Associates LLC;
June 17, 2015, previously published on February, 2015The Supreme Court of Cyprus ruled on 17 February 2015, in STX OFFSHORE & SHIPPING CO. LTD v. STX (DALIAN) SHIPBUILDING CO.LTD, Civil Application No. 152/2014, that in order for a foreign arbitration award to be recognized and enforced in Cyprus either the applicant or the respondent must have...
|Anti-Corruption is No Longer Your Father’s FCPA|
Holland Hart LLP;
June 5, 2015, previously published on June 1, 2015For decades, the U.S. Foreign Corrupt Practices Act (“FCPA”) has been the driver for global corruption programs. Companies reflexively established baseline controls to address FCPA requirements, with the understanding that the FCPA stood as a legitimate benchmark for compliance and was...
|Foreign Corrupt Practices Act Alert: FLIR Systems Agrees to Pay $9.5 Million to Settle SEC Charges of Violating the FCPA by Providing Gifts and Personal Travel to Saudi Arabian Officials|
Nicolas Bourtin, Justin J. DeCamp, Theodore Edelman, Robert J. Giuffra, John L. Hardiman; Sullivan & Cromwell LLP;
April 24, 2015, previously published on April 9, 2015On April 8, 2015, the U.S. Securities and Exchange Commission issued a cease and desist order pursuant to which FLIR Systems, Inc. agreed to pay $8.5 million in disgorgement and prejudgment interest and a $1 million civil penalty to settle charges that the company violated the anti-bribery, books...
|Brazil’s Clean Companies Act: One Year Later, Is It Finally Getting Teeth?|
George M. Melo; Wilson Elser Moskowitz Edelman & Dicker LLP;
April 14, 2015, previously published on April 8, 2015While 2014 started with much fanfare over Brazil’s Lei da Empresa Limpa or “Anticorruption Law” (Lei no. 12.846/2013), also referred to as the “Clean Companies Act” (CCA), coming into effect, it seems that the remainder of the year was spent quietly with companies...