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|World Bank Report Concludes That Financial Sanctions Imposed By Prosecuting States Are Failing To Compensate Countries Whose Officials Have Been Bribed|
Annie Clarke, Jamie Humphreys, James Maton, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
December 5, 2013, previously published on December 3, 2013The World Bank’s Stolen Asset Recovery Initiative (StAR) last week published a report, Left Out of the Bargain (http://star.worldbank.org/star/publication/left-out-bargain-settlements-foreign-bribery-cases-and-implications-asset-recovery), concluding that although significant out of court...
|SEC Announces First Deferred Prosecution Agreement With An Individual|
Christina N. Davilas, Steven W. Hansen; Bingham McCutchen LLP;
November 26, 2013, previously published on November 22, 2013The Securities and Exchange Commission (“SEC”) recently announced its first deferred prosecution agreement (“DPA”) with an individual. Such agreements are one of many initiatives by the SEC to induce knowledgeable companies and individuals (including culpable ones) to come...
|The Second Opinion: U.S. Supreme Court to Reconsider Fraud-on-the-Market Theory|
Brandon Kain; McCarthy Tétrault LLP;
November 25, 2013, previously published on November 22, 2013On November 15, 2013, the U.S. Supreme Court agreed to hear an appeal in which it will reconsider the ”fraud-on-the-market” theory that has been one of the cornerstones of private securities litigation in the United States for the past 25 years.
|$2.2 Billion Risperdal Anti-Psychotic Drug Settlement|
James P. Nevin; Brayton Purcell, LLP;
November 21, 2013, previously published on November 19, 2013Janssen, part of the well-known Johnson & Johnson company, pled guilty to misbranding its anti-psychotic medication Risperdal in a $2.2 billion dollar settlement. The company entered a guilty plea to one misdemeanor ending a complex legal case spanning almost a decade.
|A Tale of Two Injunctions - A Comparison of Two Recent Competition Law Injunction Applications before the English Courts|
Jo Love, Becket McGrath; Edwards Wildman Palmer LLP;
November 18, 2013, previously published on November 18, 2013 It should never be easy to get an injunction, given the impact this can have on the business against which the injunction is awarded. On the other hand, the ability of a business to seek rapid relief from commercial conduct by a rival or supplier that threatens to have an irreversible impact is an...
|Admissions of Wrongdoing: The Final Frontier|
Heidi A. Wendel; Jones Day;
November 15, 2013, previously published on November 2013Admissions of wrongdoing are the final frontier in civil fraud settlements—that elusive element that purportedly makes the payment of even large settlement amounts more than "just a cost of doing business" for the defendant companies. Federal law enforcement agencies have repeatedly...
|Senate Approves Antitrust Anti-Retaliation Bill|
Todd N. Hutchison, Paul H. Saint-Antoine, Ronald A. Sarachan; Drinker Biddle & Reath LLP;
November 8, 2013, previously published on November 7, 2013Earlier this week, the Senate approved an anti-retaliation bill aimed at protecting whistleblowers that report or participate in investigations of violations of antitrust law. The proposed language of Senate Bill 42, or the Criminal Antitrust Anti-Retaliation Act of 2013 (CAARA), has the potential...
|What To Do - And What Not To Do - If You're Served With a Search Warrant|
Kent Wicker; Dressman Benzinger LaVelle psc;
November 8, 2013, previously published on Fall 2013The day starts like any other day. You get in early, earlier than most of your employees. Your work has barely started, though, when you get an unexpected visitor. Two agents in dark suits. Then two more, and a couple of officers in uniform. It seems like a dozen before they finish coming in. ...
|SEC Sheds Light on Its Pursuit of "Streamlined" Investigations|
Hillary S. Profita, Michael J. Rivera; Venable LLP;
November 7, 2013, previously published on November 2013Securities market participants and their counsel have fretted recently over the Securities and Exchange Commission’s (the Commission) new aggressive enforcement initiatives. In particular, in several recent speeches, Chairwoman Mary Jo White has warned that she intends for the Commission to...
|UK SFO Director Explains when Prosecution would be Unlikely to Follow a Self-Report|
Jamie Humphreys, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
November 4, 2013, previously published on October 29, 2013In a recent talk, David Green QC, the director of the Serious Fraud Office (SFO), made a strong argument in favour of self-reporting and the changes that he had introduced when he replaced Richard Alderman. Last year, David Green withdrew the SFO’s guidance on self-reporting and clarified...