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| 1 | Counsel to Counsel Magazine -- September 2008 Complete Issue September 3, 2008 President's Letter: In challenging financial times, it can be instructive to look to companies that have weathered economic cycles through the course of decades. They possess traits that have allowed them to endure and flourish, where others have fallen by the wayside. |
| 2 | U.S. Attorneys Target Identity Theft and Financial Fraud Gregory A. Paw, Travis P. Nelson; Pepper Hamilton LLP; August 27, 2008, previously published on August 7, 2008 In recent months, U.S. Attorneys in Philadelphia and New Jersey have stepped up their efforts to combat identity theft and financial fraud. |
| 3 | DOJ and FBI Continue Pursuing Operation "Malicious Mortgage" Charles Wm. McIntyre, Howard C. Vick, Timothy J. Heaphy, Timothy E. Flanigan; McGuireWoods LLP; August 12, 2008, previously published on July 29, 2008 The FBI and DOJ recently announced a national takedown of mortgage fraud schemes, resulting in 144 mortgage fraud cases in which 406 defendants were charged. The cases cover every region of the United States, and involve United States Attorneys' offices in 50 judicial districts. |
| 4 | Recent Dialogue between DOJ and Congress Suggests Changes to DOJ's McNulty Memo Are Coming Howard M. Shapiro, Stephen A. Jonas; Wilmer Cutler Pickering Hale and Dorr LLP; August 12, 2008, previously published on July 15, 2008 At the July 9, 2008, oversight hearing of the Justice Department (DOJ) before the Senate Judiciary Committee, Attorney General Michael Mukasey indicated that the DOJ anticipates making several potentially significant changes to its policies contained in a DOJ memorandum governing federal... |
| 5 | FCPA Developments Arising on a Variety of Fronts Kimberly Parker, Roger M. Witten; Wilmer Cutler Pickering Hale and Dorr LLP; August 12, 2008, previously published on July 15, 2008 Over the past several months, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have continued announcing significant settlements under the Foreign Corrupt Practices Act (FCPA) at a steady pace. |
| 6 | DOJ Opinion Addresses FCPA Liability for Corporate Acquisition Target's Conduct Iris Bennett; Jenner & Block LLP; August 9, 2008, previously published on June 2008 The Department of Justice has issued an opinion addressing the important question of how a company acquiring another company can avoid liability for a target company's FCPA violations where the acquiring company is prevented by law from conducting adequate pre-acquisition due diligence. |
| 7 | Second Circuit Holds That Primary Securities Fraud Violations Require Deception Attributable To the Defendant Mayer Brown LLP; August 9, 2008, previously published on July 24, 2008 In a recent decision addressing the meaning of deception under the federal securities laws, the US Court of Appeals for the Second Circuit affirmed the acquittal of David Finnerty, a former specialist on the floor of the New York Stock Exchange who had been charged with criminal securities fraud... |
| 8 | Two FCPA Settlements Underscore Risk in China Iris Bennett; Jenner & Block LLP; August 9, 2008, previously published on June 2008 Giving a broad reading to the term "foreign official" in the FCPA, to include employees of state entities, the DOJ and SEC announced FCPA settlements with Faro Technologies Inc. ("Faro"), arising from $4.9 million in improper payments made to employees of state-owned and... |
| 9 | New DOJ Opinion Expands Options for Minimizing FCPA Risk in International Mergers and Acquisitions Drew A. Harker, Kelly H. Busby; Arnold & Porter LLP; September 5, 2008, previously published on July 2008 The United States Department of Justice (DOJ) has aggressively enforced the Foreign Corrupt Practices Act (FCPA) in recent years, including enforcement actions arising out of mergers and acquisitions. www.arnoldporter.com |
| 10 | DOJ FCPA Focus on China, India; Civil Suits Emerge Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; July 31, 2008, previously published on July 18, 2008 Although the Foreign Corrupt Practices Act (FCPA) is more than 30 years old, many companies are not aware of its application to their business abroad or to the fact that the number of cases in the last few years exceeds the total number of cases in the prior 20 years. |
