Events & Publications
- Oct 16, 2020
- Publications
Despite COVID-related challenges, FCPA enforcement by the DOJ and the SEC continued at full speed in the third quarter of 2020. Enforcement activity included three corporate resolutions by the DOJ and four resolutions by the SEC, as…
Litigation partner Mark Mendelsohn will speak at the Practising Law Institute’s program on The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2020.
Litigation partner Alex Young Oh will be featured on an upcoming panel, “SEC Enforcement Update,” as part of the Research and Markets “SOX and Internal Controls Update” two-day conference.
- Jun 25, 2020
- Publications
The Supreme Court held on June 22 that the SEC may seek disgorgement in enforcement actions, as long as the disgorgement does not exceed a wrongdoer’s net profits and is to be awarded for victims.
- Jun 08, 2020
- Publications
The DOJ’s Criminal Division released updated guidance regarding the manner in which prosecutors evaluate the effectiveness of corporate compliance programs. The guidance makes clear that companies should continuously update their…
- Apr 30, 2020
- Publications
On April 17, 2020, the U.S. Securities and Exchange Commission (“SEC”) announced that it had resolved charges against Eni S.p.A., an Italian headquartered multinational oil and gas company, for violations of the recordkeeping and…
- Mar 13, 2020
- Publications
On February 26, 2020, the U.S. District Court for the District of Connecticut entered a judgment of acquittal for Lawrence Hoskins on all Foreign Corrupt Practices Act (“FCPA”) charges.[1] The ruling partly overturns a jury’s verdict…
- Jan 24, 2020
- Publications
In this annual review, we reflect on the most significant anti-corruption and FCPA enforcement and policy trends of 2019 and share our insights on developing U.S. and global anti-corruption efforts in 2020.
Litigation partners Mark Mendelsohn and Alex Oh will speak at the American Conference Institute’s 36th International Conference on the Foreign Corrupt Practices Act.
- Dec 05, 2019
- Publications
On November 22, 2019, the Department of Justice announced that it had reached a resolution with Samsung Heavy Industries Company Ltd. (“SHI”) relating to a scheme to pay millions of dollars in bribes to officials of Petróleo…
- Nov 21, 2019
- Publications
On November 8, 2019, a Connecticut jury found Lawrence Hoskins, a British national and former executive of the French power and rail transportation company, Alstom S.A., guilty of participating in a scheme to bribe Indonesian…
- Oct 10, 2019
- Publications
On October 8, 2019, the Criminal Division of the U.S. Department of Justice released guidance on how federal prosecutors should evaluate claims that corporations are unable to pay a proposed fine or monetary penalty.
- Oct 08, 2019
- Publications
The SEC closed out its 2018-19 fiscal year by resolving four FCPA enforcement actions and assessing over $25 million in combined penalties, bringing the total number of SEC resolutions in 2019 to twelve.
- Jul 18, 2019
- Publications
Robust FCPA enforcement activity continued in the first half of 2019. The DOJ and the SEC—resolving four and five corporate enforcement actions, respectively—assessed a combined total of $1.5 billion in corporate penalties, of which…
- Jul 02, 2019
- Publications
On June 25, 2019, the Department of Justice announced a resolution with Technip FMC PLC (“TFMC”), a London-headquartered, global provider of oil and gas technology and services that is listed on the New York Stock Exchange, for…
- Jun 25, 2019
- Publications
On June 20, 2019, the Department of Justice and the Securities and Exchange Commission announced long-awaited resolutions with Walmart, Inc. for violations of the books and records and internal accounting provisions of the Foreign…
Jeannie Rhee, a former U.S. Deputy Assistant Attorney General, is joining the firm as a partner in the Litigation Department.
Loretta Lynch, the Attorney General of the United States from 2015 to 2017, has joined the firm as a partner in the Litigation Department.
Litigation partners Mark Mendelsohn and Harris Fischman will speak on panels at the American Conference Institute’s (ACI) FCPA New York conference.
- May 13, 2019
- Publications
On May 9, 2019, the SEC fined Telefônica Brasil S.A. a $4.125 million civil penalty to resolve allegations that the company‘s internal accounting controls failed to protect sufficiently against the risk that things of value, like…
- May 06, 2019
- Publications
On April 30, 2019, the Criminal Division of the U.S. Department of Justice released updated guidance on how prosecutors evaluate the effectiveness of corporate compliance programs.
- May 03, 2019
- Publications
On April 29, 2019, Linda Lacewell, the Acting Superintendent of the New York State Department of Financial Services (“DFS”), announced the combination of DFS’s previously separate Enforcement Division and Financial Frauds and Consumer …
Litigation partner Harris Fischman will speak on a panel at the Practising Law Institute’s 2-day program “The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2019.”
- Mar 20, 2019
- Publications
Litigation partner Alex Oh, counsel Justin Lerer and associate Meredith Arfa published an article in the March 20 issue of the Anti-Corruption Report.
- Mar 15, 2019
- Publications
The Department of Justice announced last week several revisions to its Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy, which includes relaxing prior guidance on how companies should deal with employees’ use of…
Litigation partner Alex Oh will speak at the D.C. Bar Communities Program, “White Collar Crime Series: Financial Enforcement in Asia,” presented by the Criminal Law and Individual Rights Community.
- Mar 12, 2019
- Publications
In the latest dramatic chapter of the long-running bribery saga that has pervaded the telecommunications sector in Uzbekistan, on March 6 and 7, 2019, the Department of Justice (“DOJ”) and the Securities and Exchange Commission…
Litigation partner Alex Oh and corporate partner Kaye Yoshino will speak on a panel at the Harvard Law School Women’s Speaker Series, sponsored by the Harvard Association for Law and Business.
- Jan 17, 2019
- Publications
In this memo, we offer reflections on the year’s most significant developments in anti-corruption and FCPA enforcement and policy.
Litigation department co-chair Ted Wells will speak at the New York City Bar’s CLE program, “Giants of the Criminal Bar Trial: Winning Strategies.”
- Dec 05, 2018
- Publications
The Department of Justice announced last week significant changes to its policies for granting corporations credit for cooperating with criminal investigations.
Litigation partners Mark Mendelsohn and Alex Oh participated in the American Conference Institute’s 35th International Conference on the Foreign Corrupt Practices Act.
- Oct 17, 2018
- Publications
On October 12, 2018, Brian A. Benczkowski, the Assistant Attorney General for the Criminal Division, announced new guidance (the “Benczkowski Memorandum”) setting forth a “pragmatic approach to monitorships,” highlighting the factors…
- Oct 02, 2018
- Publications
On September 27, 2018, the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) announced coordinated enforcement resolutions with Petróleo Brasileiro S.A. – Petrobras, the Brazilian state-owned…
- Sep 15, 2018
- Publications
Ten years after the collapse of Lehman Brothers, market participants and other global companies operate in a markedly changed regulatory enforcement and compliance landscape. This memorandum discusses the legal and business…
- Aug 27, 2018
- Publications
On August 24, 2018, the Court of Appeals for the Second Circuit held in United States v. Hoskins that a foreign national who does not otherwise fall within the specific categories of defendants enumerated in the Foreign Corrupt…
- Jun 22, 2018
- Publications
On June 21, 2018, the Supreme Court held in Lucia v. SEC, No. 17-130, that the process by which the Securities and Exchange Commission (SEC) selects administrative law judges (ALJs) violates the U.S. Constitution.
- Jun 12, 2018
- Publications
On June 11, 2018, the U.S. Supreme Court held in China Agritech, Inc. v. Resh, No. 17-432, 584 U.S. __ (2018), that the class action tolling rule established more than four decades ago does not extend to successive class actions filed …
- Jun 07, 2018
- Publications
On June 4, 2018, the U.S. Department of Justice (“DOJ”) announced a pair of Foreign Corrupt Practices Act (“FCPA”) resolutions, one involving Paris-based Société Générale S.A. (“Société Générale”) and its wholly-owned subsidiary, SGA…
- May 10, 2018
- Publications
Yesterday, Rod Rosenstein, Deputy Attorney General of the U.S. Department of Justice, announced a new policy, in the form of an addition to the United States Attorneys’ Manual (“USAM”), concerning the coordination of corporate…
- May 08, 2018
- Publications
On April 29, 2018, the U.S. Department of Justice entered into a deferred prosecution agreement with California-based Panasonic Avionics Corp.
- Apr 13, 2018
- Publications
The first quarter of 2018 saw a flurry of declinations of FCPA prosecutions by the DOJ and the SEC, and only one FCPA corporate enforcement resolution by the DOJ and two resolutions by the SEC.
Litigation partner Mark Mendelsohn will participate in a roundtable discussion, “The New Corporate Enforcement Policy in Practice: What Changes, What Stays the Same in Your Disclosure Calculus and Investigation Management” at the…
- Mar 15, 2018
- Publications
The SEC recently announced a settlement against an Israel-based company and its majority-owned indirect subsidiary, alleging violations of the internal accounting controls and books and records provisions of the Foreign Corrupt…
Litigation partner Mark Mendelsohn will speak on a panel at a Practising Law Institute program, The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2018.
- Mar 07, 2018
- Publications
Litigation partner Alex Oh's article, “The ‘Human’ Side of FCPA Compliance: How to Best Work With HR in the Current Global Enforcement Environment” appeared in the March 7 issue of The Anti-Corruption Report.
Litigation partner Mark Mendelsohn will speak on a panel at a conference sponsored by the George Washington University Law School, “Emerging Issues in FCPA Enforcement.”
On February 1, litigation partner Jessica Carey and counsel Peter Jaffe will participated in a conference on anticorruption hosted by the International Chamber of Commerce at Universidad Panamerica in Mexico.
- Jan 19, 2018
- Publications
Despite significant FCPA enforcement activity in 2017, the Trump administration’s approach to enforcement remains elusive and not readily characterized. While actions against individuals were at the highest level in recent years,…
- Nov 30, 2017
- Publications
The Department of Justice recently announced a new FCPA Corporate Enforcement Policy, which states that when a company voluntarily self-discloses misconduct, fully cooperates, and timely and appropriately remediates, there will be a…
Litigation partner Mark Mendelsohn will participate in a panel discussion at the University of Virginia School of Law’s “30th Annual Sokol Colloquium on Private International Law.”
Litigation partner Mark Mendelsohn will participate in a panel discussion at the International Bar Association’s “IBA Latin American Anti-Corruption Enforcement and Compliance” conference.
- Oct 13, 2017
- Publications
President Trump announced that he will not certify Iran’s compliance with the Joint Comprehensive Plan of Action, the multi-lateral commitment under which the United States, European Union, and five other countries agreed to lift…
- Sep 28, 2017
- Publications
U.S. authorities recently announced the first major FCPA settlement under the Trump administration: a $965 million global resolution with a Sweden-based telecommunications company Telia Company AB and its indirectly-owned Uzbek…
- Sep 26, 2017
- Publications
On September 21, President Trump signed an executive order authorizing the Treasury Department to impose secondary sanctions against individuals and entities, including non-U.S. financial institutions, for conducting or facilitating…
- Aug 30, 2017
- Publications
The New York State Department of Financial Services (DFS) recently announced that it seeks to impose a nearly $630 million civil penalty against a non-U.S. bank and its New York branch for alleged persistent anti-money laundering and …
- Jul 18, 2017
- Publications
For the second time in two years, a federal appeals court has rejected a district court’s attempt to scrutinize a deferred prosecution agreement. The July 12 decision in U.S. v. HSBC Bank resolves, at least in the Second Circuit, the…
- Jun 29, 2017
- Publications
The U.S. Department of Justice recently declined to prosecute two U.S. subsidiaries of a German chemical company while requiring them to disgorge profits from the allegedly corrupt scheme, the third declination requiring disgorgement…
- Jun 06, 2017
- Publications
On June 5, the Supreme Court unanimously held that SEC claims for disgorgement are governed by a five-year statute of limitations. The Court rejected the SEC’s position that the claims are not subject to time limits. The decision…
What makes an effective corporate compliance program? And how do regulators evaluate them? The U.S. Department of Justice recently issued guidance on evaluating the effectiveness of corporate compliance programs in criminal…
The U.S. Department of Justice recently announced that it is extending its FCPA Pilot Program, which was launched in April 2016, while they evaluate the program.
- Mar 20, 2017
- Publications
The Department of Justice recently released guidance on the Evaluation of Corporate Compliance Programs containing 119 questions the Fraud Section may ask in the context of an investigation. As we describe in this memorandum, the…
Litigation partner Mark Mendelsohn will participate in a panel discussion at the Practising Law Institute’s seminar “The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2017.”
Litigation partner Mark Mendelsohn and counsel Farrah Berse will participate at the American Conference Institute’s (ACI) 19th Annual New York Conference on the Foreign Corrupt Practices Act.
- Feb 24, 2017
- Publications
Counsel Peter Jaffe was quoted in a Global Investigations Review “Just Anti-Corruption” article addressing a new set of questions the U.S. Department of Justice may ask when evaluating the strength of a company’s compliance program.
- Feb 22, 2017
- Publications
Economic sanctions, anti-money laundering and cybersecurity remain at the forefront of U.S. regulatory priorities. In this memorandum, we survey major developments and trends in these areas in 2016 and early 2017 and provide an…
- Feb 17, 2017
- Publications
Following on the heels of a record-breaking enforcement year,1 the Department of Justice and the Securities and Exchange Commission continued their FCPA enforcement activities at a breakneck pace in December 2016 and January 2017.
- Jan 20, 2017
- Publications
The year 2016 was, by any measure, an extraordinary year for the enforcement of the Foreign Corrupt Practices Act.
Enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) and
other international anti-corruption laws is increasing
dramatically. In 2016 alone, DOJ and the SEC collected a
record-shattering total of nearly $2.5 billion to…
Litigation partner Alex Oh and counsel Harris Fischman will
participate in panel discussions at the American Conference
Institute's Houston Forum on the Foreign Corrupt Practices Act
(FCPA).
Paul, Weiss has announced that three new partners have been elected to the partnership, effective January 1, 2017: David M. Klein, Brian C. Lavin and Richard C. Tarlowe. All are resident in Paul, Weiss's New York office.
Litigation counsel Christopher Frey will participate in a panel
discussion at an upcoming Wall Street
Journal luncheon addressing anti-corruption enforcement
developments and compliance.
- Nov 01, 2016
- Publications
On October 24, 2016, U.S. authorities announced that Brazilian
aircraft manufacturer Embraer SA agreed to pay more than $205
million to resolve violations of the Foreign Corrupt Practices
Act's anti-bribery, books and records and …
Litigation partners Mark Mendelsohn and Alex Oh will speak on
panels at the American Conference Institute's International
Conference on the Foreign Corrupt Practices Act.
Litigation counsel Farrah Berse will participate in a panel
discussion at the International Bar Association's Annual Corporate
Governance Conference.
- Oct 13, 2016
- Publications
As the end of their fiscal years approached on September 30, the Department of Justice and Securities and Exchange Commission announced a number of resolutions, underscoring their pronouncements that "vigorous enforcement" of…
- Sep 23, 2016
- Publications
On September 15, 2016, U.S. and Dutch authorities presented
Telia Company AB, a global telecommunications company partially
owned by the Swedish government, with a proposed settlement offer
requiring Telia to pay $1.4 billion to…
Litigation counsel Christopher Frey will participate in a panel
discussion, titled "Ensuring FCPA Compliance in the APAC Region,"
at Asian Legal Business' upcoming Japan Corporate
Compliance and Governance Forum.
Litigation partner Mark Mendelsohn will moderate a panel at
an upcoming Transparency International-USA Corporate
Forum.
Counsel Peter Jaffe will speak on a panel titled "The Different
'Faces of Corruption'" at the American Conference Institute's West
Coast Conference on FCPA Enforcement & Compliance.
- Sep 01, 2016
- Publications
On August 30, 2016, the U.S. Department of the Treasury, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Office of the Comptroller of…
- Jul 29, 2016
- Publications
Litigation partners Alex Oh and Mark Mendelsohn and counsel
Farrah Berse co-authored a client memorandum, titled "Analogic and
Johnson Controls Settlements Shed Further Light on the
Implementation of DOJ's FCPA Pilot Program,"…
The U.S. Department of Justice's new FCPA enforcement pilot
program is intended to encourage companies to voluntarily
self-disclose FCPA-related misconduct.
- Jul 20, 2016
- Publications
On June 30, 2016, following a two-day high-level mission to
Tokyo, Japan to meet with senior government officials and
representatives, the Organization for Economic Cooperation and
Development ("OECD") Working Group on Bribery in …
- Jul 10, 2016
- Publications
Firm chair Brad Karp and litigation partners Roberto Gonzalez,
Michael Gertzman, Jessica Carey and Roberto Finzi co-authored a
client memorandum that was featured on the Harvard Law School
Forum on Corporate Governance and…
- Jul 07, 2016
- Publications
Litigation partners Mark Mendelsohn and Alex Oh co-authored a client memorandum, titled "DOJ Declination Letters and the FCPA," that was featured on The Harvard Law School Forum on Corporate Governance and Financial Regulation…
- Jul 01, 2016
- Publications
Following Maria Vullo's confirmation as Superintendent earlier this month, the New York Department of Financial Services ("DFS") yesterday finalized its closely watched proposed regulation on anti-money laundering (AML) monitoring and …
- Jun 20, 2016
- Publications
The Department of Justice has publicly released its first
declination letters since the launch of its FCPA Pilot Program two
months ago. The letters were sent to two companies, home-security
and thermostat systems-maker Nortek,…
Litigation Counsel Farrah Berse will moderate a panel discussion
at C5's 10th Annual International Conference on
Anti-Corruption.
Litigation partner Alex Oh will moderate a panel discussion at the American Conference Institute's 9th China Forum on Anti-Corruption.
Counsel Peter Jaffe will speak on a panel at the annual SEC/DOJ
Enforcement Update.
Litigation partner Mark Mendelsohn and
counsel Justin Lerer will participate in the
American Conference Institute's 18th Annual New York Conference on
the Foreign Corrupt Practices Act.
Litigation partner Mark Mendelsohn will speak at the American
Conference Institute's third summit on FCPA, AML and OFAC Risks for
Private Equity & Hedge Funds.
- Mar 29, 2016
- Publications
On March 23, 2016, the U.S. Securities and Exchange Commission
("SEC") announced a settlement with Novartis AG ("Novartis")
regarding alleged violations of the books and records and internal
accounting controls provisions of the…
- Feb 29, 2016
- Publications
On February 16, 2016, the Securities and Exchange Commission and
the Department of Justice announced settled parallel enforcement
and criminal actions against Massachusetts-based technology company
PTC, Inc. and its two…
Litigation partner Mark Mendelsohn will participate in a panel
discussion at the TRACE Forum, an annual anti-bribery compliance
benchmarking conference.
- Feb 26, 2016
- Publications
On February 18, 2016, U.S. authorities announced a landmark
resolution concerning violations of the Foreign Corrupt Practices
Act.
- Feb 25, 2016
- Publications
On February 4, 2016, the Securities and Exchange Commission
announced a settled enforcement action against Ignacio Cueto Plaza,
the current CEO of Chile-based airline company LAN Airlines
S.A.
- Feb 16, 2016
- Publications
On February 4, 2016, the U.S. Securities and Exchange Commission ("SEC") announced a settled enforcement action against U.S. pharmaceutical company SciClone Pharmaceuticals, Inc. ("SciClone"), alleging violations of the anti-bribery…
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