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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...


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 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...


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....


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...


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...


HTMLThe 2013 Corruption Perceptions Index shows stagnation in CEE/SEE, Turkey and Central Asia
Kinstellar s.r.o.;
Legal Alert/Article
February 24, 2014, previously published on December 2013
Transparency International (TI) recently released its Corruption Perceptions Index (CPI) for 2013. The results can be directly compared to last year’s but not earlier years’, as the methodology changed in 2012. Overall, there is not much change from last year in our region of operation...


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...


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...


HTMLPrivate Fund Managers Be Aware: FCPA Enforcement Is Coming Your Way
Proskauer Rose LLP;
Legal Alert/Article
February 17, 2014, previously published on February 13, 2014
The increased globalization of the private investment industry has given rise to an enhanced focus by U.S. prosecutors and regulators on rooting out corrupt business activities in private equity firms and hedge funds. As private investment firms expand both their efforts to attract financing from...


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