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HTMLFedEx Indictment: Government Seeks to Outsource Criminal Enforcement
Brianna L. Abrams, Nicholas M. Gess, Nathan J. Hochman; Bingham McCutchen LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
On 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.,...

 

HTMLThe 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;
Legal Alert/Article
July 3, 2014, previously published on June 26, 2014
Over 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...

 

HTMLWho is a Foreign Official?
McDonald Hopkins LLC;
Legal Alert/Article
May 29, 2014, previously published on May 27, 2014
On 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...

 

HTMLEleventh 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;
Legal Alert/Article
May 29, 2014, previously published on May 20, 2014
On 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...

 

HTMLThe Eleventh Circuit Defines "Instrumentality" of a Foreign Government under the Foreign Corrupt Practices Act
Joanna P. Breslow Boyd, William H. Devaney; Venable LLP;
Legal Alert/Article
May 27, 2014, previously published on May 2014
On 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...

 

HTMLManufacturer Pays $4.3M to Settle Customs-related FCA Suit
Sydney H. Mintzer, Jing Zhang; Mayer Brown LLP;
Legal Alert/Article
April 29, 2014, previously published on April 25, 2014
On 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...

 

HTMLUnderstanding U.S. Sanctions against Russia and their Potential Impact on the Financial Industry
Holland Hart LLP;
Legal Alert/Article
April 10, 2014, previously published on April 3, 2014
In 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...

 

HTML"Gradual Withdrawals" from Fraud & Other Wrongdoing: Guidance for Corporate Officers and In-House Counsel in the Whistleblower Era
Steven Pelak, Jason Prince; Holland Hart LLP;
Legal Alert/Article
February 24, 2014, previously published on February 20, 2014
Upon discovery that employees or third-party agents may be committing a fraud or may be violating anti-corruption, export control, trade sanctions, money laundering, environmental or other laws, corporate officers and in-house counsel might determine that the circumstances allow a gradual...

 

HTMLSingapore Court Of Appeal Upholds Ruling on Legal Entitlement to Assets of Deposed Philippines Premier, Ferdinand E Marcos
Annie Clarke, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 17, 2014, previously published on February 14, 2014
In 1986, the President of the Philippines, Mr Ferdinand E. Marcos, was deposed by a non-violent coup later popularised as the ‘People Power Revolution’. During his tenure, Mr Marcos, his family and close associates are alleged to have illicitly looted public assets to amass a huge...

 

HTMLProposed Amendments to the Federal Rules of Civil Procedure
Stephen J. MacGillivray, Raymond M. Ripple; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 5, 2014, previously published on January 2013
Changes to the Federal Rules of Civil Procedure - the procedural rules that govern the life of a case in the federal trial courts - are on the horizon. On June 3, 2013, the Standing Committee on Rules of Practice and Procedure (the “Standing Committee”) approved for publication a report...

 


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