Searching Content indexed under Corporate Crime by Duane Morris LLP ordered by Published Date Descending.
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DOJ Eases Yates Memo's "All Or Nothing" Approach To Corporate Cooperation Credit
On November 29, 2018, Deputy Attorney General Rod J. Rosenstein announced the Department of Justice's (DOJ) much-anticipated revisions to the September 2015
United States
14 Dec 2018
DOJ Eases Yates Memo's "All Or Nothing" Approach To Corporate Cooperation Credit
On November 29, 2018, Deputy Attorney General Rod J. Rosenstein announced the Department of Justice's (DOJ) much-anticipated revisions to the September 2015 Memorandum...
United States
13 Dec 2018
The Second Circuit Loosens The Reins On Insider Trading Prosecutions
After an intervening decision by the United States Supreme Court last year and a rare rehearing of oral argument in March, the Second Circuit has affirmed the conviction of Matthew Martoma, a former portfolio manager at S.A.C. Capital Advisors.
United States
30 Aug 2017
U.S. Department Of Justice Announces New FCPA Pilot Program Designed To Encourage Companies To Self-Report Bribery
On April 5, 2016, the U.S. Department of Justice (DOJ), Fraud Section, announced a series of bold steps to encourage companies to come forward and disclose their wrongdoing in the anti-corruption arena.
United States
10 Apr 2016
Can The "Private Search" Doctrine Serve As An Exception To The Federal And State Of New Jersey Constitutional Requirement That A Warrant Issued In Advance Of A Search Of A Private Home?
The "private search doctrine" is a semi-obscure corner of Fourth Amendment jurisprudence. At its base, the doctrine addresses instances in which a private actor (i.e., not a law enforcement officer) conducts a "search" and discovers some species of contraband or proof of illegal conduct.
United States
2 Jun 2015
Historic U.S., China Agreement on Auditor Access Announced: Is This a Crack in the Wall Separating The Cross-Border Enforcement Cooperation Impasse?
On May 15, 2013, the U.S. Securities and Exchange Commission charged CEO Dejun Zou and board chair Amy Qiu, husband-and-wife executives at China-based RINO International Corporation, alleging that they engaged in a scheme to overstate the company’s revenues and divert $3.5 million in proceeds from a securities offering for their personal use.
United States
24 May 2013
Foreign Traders Beware: Trading In US Markets Will Expose You To US Insider Trading Laws
On March 29, 2013, the Securities and Exchange Commission (SEC) announced the settlement of what appeared to be a routine insider trading case involving two traders.
United States
14 Apr 2013
U.S. Government’s Use Of The "Park Doctrine" To Police Pharmacies
Based on the current public scrutiny that compounding pharmacies are under due to the outbreak of fungal meningitis in Massachusetts, pharmacy executives may want to review their internal procedures for compliance with the FDCA to ensure they are robust.
United States
8 Jan 2013
DOJ And The SEC Issue New FCPA Guidance
On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) published "A Resource Guide to the U.S. Foreign Corrupt Practices Act."
United States
21 Nov 2012
Prosecutorial Misconduct: The Risks Inherent In Criminal Discovery
On Dec. 1, 2011, a California federal judge overturned a conviction in the first Foreign Corrupt Practices Act (FCPA) case against a corporation to proceed to a jury trial, citing "flagrant" prosecutorial misconduct.
United States
30 Jan 2012
Two-Year Statute Of Limitations For Federal Securities Fraud Claims Begins To Run When A Reasonably Diligent Plaintiff Would Have Discovered The Violations
In "Strategic Diversity, Inc. v. Alchemix Corp.", an opinion marked for publication, the United States Court of Appeals for the Ninth Circuit held that for federal securities fraud claims, the statute of limitations begins to run when a reasonably diligent plaintiff would have "discovered" the underlying violations, and not from when a reasonably diligent plaintiff should have begun investigating the potential violations.
United States
2 Jan 2012
U.S. Supreme Court in Matrixx: No Bright Line for "Materiality" in a Securities Fraud Claim
On March 22, 2011, the U.S. Supreme Court unanimously concluded in the securities fraud class action Matrixx Initiatives, Inc. v. Siracusano that the materiality of adverse-event reports cannot be reduced to a bright-line rule. The Court reaffirmed its decision in Basic Inc. v. Levinson that the materiality requirement in a private action under Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 adopted thereunder is satisfied when there is a substantial likelihoo
United States
8 Apr 2011
Third Circuit Upholds Permitting Testimony Of Outside Corporate Counsel Against Former CEO
In a case that highlights the significance of clarifying the scope of outside corporate counsel's representation of individual employees, the Third Circuit—in an unpublished opinion in United States v. Norris—upheld introducing the testimony of former counsel to the Morgan Crucible Company ("Morgan" or the "Company") against Morgan's former CEO, Ian Norris.
United States
6 Apr 2011
UK Bribery Act to Take Effect On 1 July 2011
The UK's Lord Chancellor and Secretary of State for Justice Kenneth Clarke announced on 30 March 2011 that the new UK Bribery Act will take effect on 1 July 2011.
United States
5 Apr 2011
Whistleblower Risks Just Increased: What to Watch For
A few "sleeper" provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("the Act") authorize financial incentives for whistleblowers who provide original information to the U.S. Securities and Exchange Commission ("SEC") or U.S. Commodity Futures Trading Commission ("CFTC").
United States
29 Nov 2010
N.Y. Appellate Court Upholds Right Of Former Directors And Officers To Corporate Attorney-Client Privileged Documents In Defense Of Third Party Action
The New York Supreme Court, Appellate Division, First Department, on February 19, 2008, ruled that former officers and directors of a public corporation are entitled to access to memoranda containing legal advice to the corporation.
United States
22 Feb 2008
Stock Options Backdating Controversy Raises Issues
One of the dominant stories of late in the equity compensation area is the revelation by numerous companies that they are being investigated, by the government or in internal investigations, in the fast-spreading controversy generally referred to as "stock option backdating."
United States
3 Aug 2006
Memo to Department of Justice: "You Must Now Remove Your Thumb From the Scales"
This week, a federal judge ruled that the Department of Justice's "encouragement" of firms to cooperate in the investigation of their employees cannot include forcing those corporations to cut off their employees' legal fees.
United States
14 Jul 2006
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