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|UK Issues Guidelines for Deferred Prosecution Agreements|
Matthew Cowie, Gary DiBianco, Caroline Wojtylak; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
March 13, 2014, previously published on March 11, 2014Deferred 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...
|OSC Announces Adoption of Flexible American-Style Enforcement Tools to Police Capital Markets|
Borden Ladner Gervais LLP;
March 13, 2014, previously published on March 12, 2014Exactly 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...
|SOX Whistleblower Protections Extend to Employees of Privately Held Companies that Contract with Public Companies|
Bose McKinney Evans LLP;
March 12, 2014, previously published on March 6, 2014The 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....
|Consumer Credit FCA Publishes Final Detailed Rules 2014 March|
Andrew Barber, Howard Cohen, Emma Radmore; Dentons Canada LLP;
March 12, 2014, previously published on March 3, 2014The 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...
|Supreme 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;
March 10, 2014, previously published on March 7, 2014In 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...
|"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;
February 24, 2014, previously published on February 20, 2014Upon 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...
|The 2013 Corruption Perceptions Index shows stagnation in CEE/SEE, Turkey and Central Asia|
February 24, 2014, previously published on December 2013Transparency 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...
|Deferred Prosecution Agreements|
Withers Bergman LLP/Withers LLP;
February 24, 2014, previously published on February 21, 2014Deferred 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...
|Private Fund Managers Be Aware: FCPA Enforcement Is Coming Your Way|
Proskauer Rose LLP;
February 17, 2014, previously published on February 13, 2014The 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...
|Singapore 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;
February 17, 2014, previously published on February 14, 2014In 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...