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|The Eleventh Circuit Defines "Instrumentality" of a Foreign Government under the Foreign Corrupt Practices Act|
Joanna P. Breslow Boyd, William H. Devaney; Venable LLP;
May 27, 2014, previously published on May 2014On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld the convictions of Joel Esquenazi and Carlos Rodriguez, former executives for Terra Communications, convicted of paying bribes to officials of Haiti Teleco, Haiti's state-owned telecommunications company. Esquenazi and...
|Cosmetics Company Agrees to Pay US$135M to Settle FCPA Claims|
Joseph De Simone, Richard M. Rosenfeld, Allison J. Zolot; Mayer Brown LLP;
May 12, 2014, previously published on May 8, 2014On May 1, 2014, it was announced that Avon Products, Inc., reached a settlement with US regulators over a long-standing federal probe into whether the cosmetics company paid bribes in China and other countries to gain favors. New York-based Avon agreed to pay $135 million in fines and other costs...
|Capital Punishment in the Corporate World - A First in the Czech Republic|
Stanislav Mecl; Kinstellar s.r.o.;
May 6, 2014, previously published on April 2014A look at the Czech Corporate Criminal Liability Act in practice.
|Internal Investigations and Enforcement Trends in CEE|
Stanislav Mecl; Kinstellar s.r.o.;
May 6, 2014, previously published on March 2014A review of trends and practical considerations in internal investigations in CEE
|Manufacturer Pays $4.3M to Settle Customs-related FCA Suit|
Sydney H. Mintzer, Jing Zhang; Mayer Brown LLP;
April 29, 2014, previously published on April 25, 2014On April 21, 2014, it was announced that Otter Products LLC (operating as “OtterBox”) has paid $4.3 million to settle a whistle-blower suit alleging that its import practice violated the False Claims Act (“FCA”) and the Tariff Act of 1930. OtterBox is a US company that...
|New Securities and Commodities Fraud Section Created by Chicago-Based US Attorney|
Dana S. Douglas, Alexandra L. Newman, Stanley J. Parzen; Mayer Brown LLP;
April 25, 2014, previously published on April 22, 2014Zachary Fardon, the recently appointed US Attorney for the Northern District of Illinois, has announced the creation of a new Securities and Commodities Fraud Section in Chicago. The new Section will specialize in investigating and prosecuting crimes relating to the operation of the country’s...
|DOJ and FTC Release Joint Antitrust Policy Statement Regarding Sharing of Cybersecurity Information|
Keith M. Gerver, Jonathan S. Kanter, Nandu Machiraju, Kenneth L. Wainstein; Cadwalader, Wickersham & Taft LLP;
April 20, 2014, previously published on April 15, 2014On April 10, 2014, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued an Antitrust Policy Statement on Sharing of Cybersecurity Information explaining that competitors can share legitimate threat information so long as appropriate...
|CMS Releases Medicare Part B Supplier Billing and Payment Data|
Michael P. Matthews, Lawrence W. Vernaglia; Foley & Lardner LLP;
April 16, 2014, previously published on April 14, 2014On April 8, 2014, The Centers for Medicare & Medicaid Services (CMS) released, with tremendous fanfare, hundreds of thousands of points of billing data regarding Medicare suppliers including some 880,000 physicians for 2012. These data are presented in an Excel format that makes searching and...
|Understanding U.S. Sanctions against Russia and their Potential Impact on the Financial Industry|
Holland Hart LLP;
April 10, 2014, previously published on April 3, 2014In response to Russian annexation of the Crimean region of Ukraine, the United States implemented targeted sanctions against certain Russia and Ukrainian interests. The sanctions are historic in that they have the ability to target substantial interests in a major global market, in contrast to...
|Maryland District Court Dismisses Qui Tam Action Against Pharmaceutical Drug Manufacturers Under the Heightened Pleading Standards of the False Claims Act|
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
April 10, 2014, previously published on March 2014In United States, et al., ex rel. Jerome Palmieri v. Alpharma, Inc., et al., the relator, Jerome Palmieri, filed a qui tam action on behalf of the United States of America and various individual states (collectively, the "Qui Tam States") against his employers, Alpharma, Inc. and Alpharma...