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Deputy Attorney General Rosenstein Announces New Policy Discouraging "Piling On"
May 11, 2018 – On May 9, 2018, Deputy Attorney General Rod Rosenstein announced a new Department of Justice (DOJ) policy, to be incorporated into the U.S. Attorneys' Manual ...
United States
16 May 2018
Supreme Court To Tackle Fraud Exception In Lamar, Archer & Cofrin, LLP v. Appling
The Supreme Court's decision could have ramifications on the discharge of debts in bankruptcy.
United States
1 Feb 2018
In Corporate Board Member: Getting Compliance Right
Nearly every day brings news of another company caught in the crosshairs of government enforcement agencies.
United States
8 Dec 2017
New FCPA Corporate Enforcement Policy May Move The Needle In Voluntary Disclosure Analysis
On November 29, 2017, Deputy Attorney General Rod Rosenstein announced the adoption of the FCPA Corporate Enforcement Policy, which attempts to further encourage voluntary disclosure of FCPA violations by companies.
United States
5 Dec 2017
FCPA & Anti-Bribery Alert Fall 2017
This Alert highlights recent developments in the enforcement of the anti-corruption laws, including key lessons from newest enforcement activity ...
United States
5 Dec 2017
Just Passing Through: Merit Management Group, LP v. FTI Consulting, Inc.
Next week, the Supreme Court will hear oral argument in Merit Management Group v. FTI Consulting to decide the correct way to apply the safe harbor of section 546(e) of the Bankruptcy Code.
United States
8 Nov 2017
FCPA & Anti-Bribery Alert Fall 2016
The FCPA Blog, a leading anti-corruption publication, described Hughes Hubbard's Fall 2016 Foreign Corrupt Practices Act/ Anti-Bribery Alert as "one of the best FCPA resources available for compliance...
United States
23 Dec 2016
What Will The Appointment Of Jeff Sessions As Attorney General Mean For Corporate Criminal Prosecutions?
The Republican president-Elect, who lost the popular vote but won the electoral college, appointed a conservative member of the Senate Judiciary Committee to serve as his attorney general...
United States
6 Dec 2016
FCPA & Anti-Bribery Alert Fall 2016 (October 2016)
The combination of resolved actions, ongoing criminal and regulatory investigations, guidance issued by regulatory authorities, and other developments discussed below underscore a number of important themes...
United States
20 Oct 2016
U.S. Supreme Court Endorses Implied Certification Theory Of False Claims Act Liability And Clarifies Materiality Standard
The implied certification theory of liability has been widely criticized among the defense bar for creating too much uncertainty for government contractors and others who present claims for payment to the government.
United States
28 Jun 2016
Fraud Is Broad: SCOTUS Declines To Accept Narrow Interpretation Of "Actual Fraud" In 11 U.S.C. § 532(a)(2)(A)
Earlier today, in a 7-1 decision, the Supreme Court issued its opinion, reversing the Fifth Circuit's holding and ruling that actual fraud encompasses "fraudulent conveyance schemes...
United States
23 May 2016
Fraud Section Launches Pilot Program For Voluntary Disclosure Of FCPA Violations: Carrot And Stick Or Bluff And Bluster?
On April 5, 2016, in a memorandum entitled Fraud Section's Foreign Corrupt Practices Act Enforcement Plan and Guidance, the DOJ's Fraud Section unveiled an initiative to encourage voluntary self-reporting in FCPA cases.
United States
20 Apr 2016
What Constitutes Fraud In Bankruptcy? SCOTUS To Resolve First And Fifth Circuit Split In 2016
Earlier this month the Supreme Court granted certiorari to hear the Fifth Circuit case Husky International Electronics, Inc. v. Ritz, which originated in the United States Bankruptcy Court for the Southern District of Texas.
United States
25 Nov 2015
New York Attorney General’s Proposal Furthers A Trend Toward Greater Incentives For Whistleblowing And Greater Risks For Corporations
Last week, New York Attorney General Eric Schneiderman announced his proposed "Financial Frauds Whistleblower Act,"...
United States
13 Mar 2015
U.S. Supreme Court Narrows Sarbanes-Oxley's Document Destruction Provision. . . But Not that Much
The U.S. Supreme Court issued a decision today overturning the conviction of a commercial fisherman who was prosecuted under the Sarbanes-Oxley Act for throwing undersized red grouper overboard.
United States
11 Mar 2015
FCPA/Anti-Bribery Alert - Winter 2015
The combination of resolved actions, ongoing criminal and regulatory investigations, guidance issued by regulatory authorities, and other developments discussed below underscore a number of important themes of which companies should be aware.
United States
24 Feb 2015
All Facially Good Deeds May Not Go Unpunished
On March 13, 2014, Tullow Oil announced that it was suspending further funding and activities related to a drilling concession in Guinea.
United States
16 May 2014
FCPA/Anti-Bribery Alert - Winter 2013
To paraphrase Mark Twain, reports of the FCPA’s death were greatly exaggerated.
United States
7 Jan 2014
FCPA/Anti-Bribery Alert - Summer 2012
For the last several years we have reported on the developing trend of enhanced anticorruption enforcement.
United States
6 Sep 2012
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