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|The Sapin II Bill: A Potential Game-Changer in French Corruption Enforcement|
Jeremy Attali, Benedicte Graulle, Robert F. Mayo, Glyn Powell, Sion Richards; Jones Day;
June 2, 2016, previously published on May 2016"In the fight against corruption, France cannot just satisfy itself with the existing situation." This statement, made by French Minister of Finance Michel Sapin in July 2015, accompanied draft legislation known as the "Sapin II Bill." Named by reference to the "Sapin I...
|The Obama Administration’s Personal Data Notification & Protection Act: An Analysis|
Peter Carey, Kenneth L. Wainstein; Cadwalader, Wickersham & Taft LLP;
March 26, 2015, previously published on February 12, 2015On January 12, 2015, President Obama proposed the Personal Data Notification & Protection Act, which would create a federal standard for data breach notification. The proposed bill is part of a more wide-ranging effort by the Obama administration to shore up the nation’s cybersecurity....
|6th Circuit Holds Applicant Is Not An “Employee” And Has No False Claims Act Cause Of Action Against Prospective Employer|
Joseph C. Toris; Jackson Lewis P.C.;
January 30, 2015, previously published on December 9, 2014On November 18, 2014, the U.S. Court of Appeals for the Sixth Circuit issued a decision dismissing an employment applicant's claims that he had been retaliated against under the False Claims Act (FCA), Environmental Reorganization Act (ERA) and four other environmental statutes. In Vander Boegh v....
|FedEx Indictment: Government Seeks to Outsource Criminal Enforcement|
Brianna L. Abrams, Nicholas M. Gess, Nathan J. Hochman; Bingham McCutchen LLP;
July 25, 2014, previously published on July 21, 2014On July 17, 2014, a federal grand jury in San Francisco returned a 15-count indictment charging FedEx with crimes for allegedly failing to heed warning signs that illegal Internet pharmacies were using FedEx facilities to ship drugs to consumers. United States v. FedEx Corporation, et al.,...
|The Collateral Effects of Deferred Prosecution Agreements to Corporations in Subsequent Civil and Regulatory Actions|
Allen L. Lanstra, Kevin J. Minnick; Skadden, Arps, Slate, Meagher & Flom LLP;
July 3, 2014, previously published on June 26, 2014Over the past decade, the deferred prosecution agreement (DPA) has become a standard tool of the U.S. Department of Justice. A DPA essentially is a contract between the DOJ and the target of an investigation — often a corporation or business entity — that resolves a federal criminal...
|Eleventh Circuit Addresses Scope of FCPA Coverage of Activity Involving State-Controlled Business Enterprises|
Gary DiBianco, Mitchell S. Ettinger, Warren L. Feldman, Eric J. Gorman, Bradley A. Klein; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
May 29, 2014, previously published on May 20, 2014On May 16, 2014, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit provided the first appellate court interpretation of the reach of the U.S. Foreign Corrupt Practices Act (FCPA) to conduct involving state-controlled business entities. Affirming two FCPA convictions, the...
|Who is a Foreign Official?|
McDonald Hopkins LLC;
May 29, 2014, previously published on May 27, 2014On May 16, 2014, the U.S. Court of Appeals for the 11th Circuit issued the highly anticipated opinion in United States v. Esquenazi. In affirming the longest sentences ever imposed under the Foreign Corrupt Practices Act (FCPA), the court held that bribe payments to a foreign state-owned business...
|The Eleventh Circuit Defines "Instrumentality" of a Foreign Government under the Foreign Corrupt Practices Act|
Joanna P. Breslow Boyd, William H. Devaney; Venable LLP;
May 27, 2014, previously published on May 2014On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld the convictions of Joel Esquenazi and Carlos Rodriguez, former executives for Terra Communications, convicted of paying bribes to officials of Haiti Teleco, Haiti's state-owned telecommunications company. Esquenazi and...
|Manufacturer Pays $4.3M to Settle Customs-related FCA Suit|
Sydney H. Mintzer, Jing Zhang; Mayer Brown LLP;
April 29, 2014, previously published on April 25, 2014On April 21, 2014, it was announced that Otter Products LLC (operating as “OtterBox”) has paid $4.3 million to settle a whistle-blower suit alleging that its import practice violated the False Claims Act (“FCA”) and the Tariff Act of 1930. OtterBox is a US company that...
|Understanding U.S. Sanctions against Russia and their Potential Impact on the Financial Industry|
Holland Hart LLP;
April 10, 2014, previously published on April 3, 2014In response to Russian annexation of the Crimean region of Ukraine, the United States implemented targeted sanctions against certain Russia and Ukrainian interests. The sanctions are historic in that they have the ability to target substantial interests in a major global market, in contrast to...