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HTMLSEC Holds Cybersecurity Roundtable
Gregory A. Mason, Mark H.M. Sosnowsky; Drinker Biddle & Reath LLP;
Legal Alert/Article
April 1, 2014, previously published on March 31, 2014
On Wednesday, March 26, 2014, the Securities and Exchange Commission conducted a roundtable discussion on cybersecurity and the issues and challenges cyber-threats present for public companies, exchanges, and market participants. The roundtable consisted of four separate panel discussions and...


HTMLMarubeni Plea Agreement Suggests There May Be More FCPA Charges to Come
Charles S. Leeper, Gregory A. Mason; Drinker Biddle & Reath LLP;
Legal Alert/Article
April 1, 2014, previously published on March 28, 2014
In a March 19, 2014 Plea Agreement, the Japanese trading company Marubeni Corporation agreed to plead guilty in the U.S. District Court for the District of Connecticut to a criminal information charging a conspiracy to violate the Foreign Corrupt Practices Act, and seven substantive violations of...


HTMLWhite House’s Cybersecurity Framework Highlights Need for Preparedness
Ronald A. Sarachan, Zoë K. Wilhelm; Drinker Biddle & Reath LLP;
Legal Alert/Article
March 19, 2014, previously published on March 11, 2014
The White House recently announced the official launch of the Cybersecurity Framework, which provides voluntary guidelines for both public and private organizations operating as part of the “critical infrastructure” to create or improve upon their defenses and response protocols for...


HTMLHow Giving Legal Advice Can Lead to a Criminal Indictment
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
On October 12, 2013, the Office of the Florida Attorney General convicted Kelly Mathis, a prominent Jacksonville attorney, of 103 out of 104 criminal counts, including felony racketeering. The Attorney General’s Statewide Prosecutor indicted Mr. Mathis and 57 other co-defendants on various...


Adobe PDFUK Issues Guidelines for Deferred Prosecution Agreements
Matthew Cowie, Gary DiBianco, Caroline Wojtylak; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
Legal Alert/Article
March 13, 2014, previously published on March 11, 2014
Deferred prosecution agreements (DPAs) are now available in the United Kingdom as a means of resolving criminal investigations of certain serious economic crimes other than by guilty plea, trial or prosecutorial declination. U.K. DPAs, which are the product of a lengthy preparation and public...


HTMLOSC Announces Adoption of Flexible American-Style Enforcement Tools to Police Capital Markets
Borden Ladner Gervais LLP;
Legal Alert/Article
March 13, 2014, previously published on March 12, 2014
Exactly two weeks to the day that Deferred Prosecution Agreements came into force for enumerated offences in the United Kingdom, the Ontario Securities Commission (the “OSC” or the “Commission”) also indicated that it was prepared to embrace flexible enforcement tools that...


Adobe PDFConsumer Credit FCA Publishes Final Detailed Rules 2014 March
Andrew Barber, Howard Cohen, Emma Radmore; Dentons Canada LLP;
Legal Alert/Article
March 12, 2014, previously published on March 3, 2014
The UK Treasury and Financial Conduct Authority (FCA) have been drip-feeding the industry rules and practical details of the transfer of consumer credit (CC) regulation to FCA. FCA has now published the final form of its detailed rules in its Consumer Credit Sourcebook (CONC), with feedback and...


HTMLSOX Whistleblower Protections Extend to Employees of Privately Held Companies that Contract with Public Companies
Bose McKinney Evans LLP;
Legal Alert/Article
March 12, 2014, previously published on March 6, 2014
The U.S. Supreme Court on Tuesday, March 4, handed down an important decision regarding the reach of the anti-retaliation provisions of the federal Sarbanes-Oxley Act (SOX), holding that the law’s whistleblower protections extend to contractors and subcontractors of publicly traded companies....


HTMLSupreme Court Broadens Sarbanes-Oxley Whistleblower Protections, Extends Coverage to Employees of a Public Company’s Private Contractors
Nicholas S. Feltham, Mary P. Hansen; Drinker Biddle & Reath LLP;
Legal Alert/Article
March 10, 2014, previously published on March 7, 2014
In its March 4, 2014, opinion in Lawson v. FMR LLC the Supreme Court extended the whistleblower protections of 18 U.S.C. § 1514A to include not only employees of public companies, but also employees of privately held businesses that provide services to public companies. This important decision...


HTMLDeferred Prosecution Agreements
Withers Bergman LLP;
Legal Alert/Article
February 24, 2014, previously published on February 21, 2014
Deferred Prosecution Agreements (‘DPAs’) are voluntary agreements due to come into force on 24 February 2014, pursuant to which a prosecutor and an organisation can agree that, as long as certain terms of the DPA are satisfied the prosecutor will initially suspend and eventually...


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