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|SEC FCPA Settlement Sends Wake-Up Call to Small and Medium-Sized Businesses|
Mayling C. Blanco, Ariel S. Glasner, Carlos F. Ortiz, Shawn M. Wright; Blank Rome LLP;
August 21, 2014, previously published on August 2014On July 28, 2014, Smith & Wesson Holding Corp. (“Smith & Wesson”), the firearms manufacturer based in Springfield, Massachusetts, agreed to resolve charges brought by the Securities and Exchange Commission (“SEC”) for violations of the Foreign Corrupt Practices Act...
|Freezing Assets of Politically-Exposed Persons: A Feature of Canada’s International Sanctions Regime|
Brandon Barnes; DLA Piper (Canada) LLP;
August 14, 2014, previously published on August 11, 2014To date, Canada’s response to the ongoing conflict in the Ukraine has been the imposition of sanctions on Pro-Russian elements of the former Ukrainian government and Eastern Ukrainian separatist factions linked to Moscow. Russia itself has responded with sanctions directed at prominent...
|Shuffleboard, Early Bird Specials, and . . . Whistleblowing?|
Jessica W. Catlow; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 4, 2014, previously published on August 1, 2014When most employers hear the word “whistleblower,” they think of their current employees and various anti-retaliation laws; however, under the SEC’s “Whistleblower Program,” the “whistleblower” may be a current or former employee. Indeed, as reported...
|Deferred Prosecution Agreements: the US Experience and the UK Potential|
Dentons Canada LLP;
July 29, 2014, previously published on July 14, 2014Deferred Prosecution Agreements (DPAs) have been used in the US for over 20 years. The UK has recently brought into force the laws allowing certain prosecuting authorities to use them. In this article, Stephen Hill and Emma Radmore from Dentons look at the history and features of DPAs, given the US...
|The Case for an International Anti-Corruption Court|
James Maton; Edwards Wildman Palmer LLP;
July 29, 2014, previously published on July 21, 2014The lack of political will is undoubtedly the biggest obstacle to investigating and prosecuting corruption and to bringing proceedings to recover the proceeds of corruption. All other obstacles are secondary.
|FedEx Indictment: Government Seeks to Outsource Criminal Enforcement|
Brianna L. Abrams, Nicholas M. Gess, Nathan J. Hochman; Bingham McCutchen LLP;
July 25, 2014, previously published on July 21, 2014On July 17, 2014, a federal grand jury in San Francisco returned a 15-count indictment charging FedEx with crimes for allegedly failing to heed warning signs that illegal Internet pharmacies were using FedEx facilities to ship drugs to consumers. United States v. FedEx Corporation, et al.,...
|Five Years Later, No Criminals?|
Bernstein Litowitz Berger Grossmann LLP;
July 24, 2014, previously published on Summer 2014Judge Jed S. Rakoff recently delivered a powerful speech at the New York City Bar Association addressing corporate accountability after the 2008 financial crisis. The number of high-level executives criminally prosecuted for fraud related to the crisis is zero. Even though the U.S. federal...
|The Federal Victim-Witness Act|
Alex V. Hernandez; Pullman & Comley, LLC;
July 22, 2014, previously published on July 1, 2014If you or someone you know has been the victim of a crime, or if you have been called to testify before a federal grand jury or trial, you may have questions about what you can expect as a case works its way through the system. This post will answer some of the most frequently asked questions...
|FDA Promises Guidance on Lawful Off-Label Promotion|
Michael F. Buchanan, William F. Cavanaugh, Joshua A. Goldberg, Erik Haas, Daniel S. Ruzumna; Patterson Belknap Webb & Tyler LLP;
July 17, 2014, previously published on June 2014Earlier this month, the U.S. Food and Drug Administration (the “FDA”) announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The healthcare industry has heralded this announcement as a...
|Appeals Court Confirms that Results of Internal Investigation are Privileged|
Joshua A. Goldberg, Erik Haas, Deirdre A. McEvoy, Daniel S. Ruzumna, Harry Sandick; Patterson Belknap Webb & Tyler LLP;
July 17, 2014, previously published on July 2014On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client privilege to corporations within the business setting as set forth by the...