Anti-Corruption & Foreign Corrupt Practices Act
Anti-Corruption & Foreign Corrupt Practices Act
Our team has unsurpassed experience in counseling and defending U.S. and foreign companies and individuals in matters relating to the U.S. Foreign Corrupt Practices Act and similar anti-corruption laws. We are frequently contacted when a potential corruption issue arises, and are go-to counsel for investigations and enforcement proceedings before the U.S. Department of Justice (DOJ), the Securities & Exchange Commission (SEC) and the Multilateral Development Banks, including the World Bank. In addition, we advise clients considering transactions in high-risk markets or with business partners with high anti-corruption risks. We also counsel clients who are designing compliance programs and in conducting risk assessments.
FCPA Enforcement and Anti-Corruption Developments: 2018 Year in Review
- Publications
- Anti-Corruption & FCPA
- Economic Sanctions & AML
- Financial Institutions
- Litigation
- White Collar & Regulatory Defense
- Supreme Court & Appellate Litigation
- H. Christopher Boehning
- David W. Brown
- Roberto Finzi
- Harris Fischman
- Christopher D. Frey
- Michael E. Gertzman
- Brad S. Karp
- Mark F. Mendelsohn
- Alex Young K. Oh
- Jacqueline P. Rubin
- Farrah R. Berse
- Peter Jaffe
- Justin D. Lerer
- Jonathan Silberstein-Loeb
- Nicholas A. Butto
See Also
- Anti-Corruption & FCPA
- Economic Sanctions & AML
- Financial Institutions
- Litigation
- White Collar & Regulatory Defense
- Supreme Court & Appellate Litigation
- H. Christopher Boehning
- David W. Brown
- Roberto Finzi
- Harris Fischman
- Christopher D. Frey
- Michael E. Gertzman
- Brad S. Karp
- Mark F. Mendelsohn
- Alex Young K. Oh
- Jacqueline P. Rubin
- Farrah R. Berse
- Peter Jaffe
- Justin D. Lerer
- Jonathan Silberstein-Loeb
- Nicholas A. Butto
January 17, 2019 Download PDF
In this memo, we offer reflections on the year’s most significant developments in anti-corruption and FCPA enforcement and policy.
Events & Publications
Alex Oh Quoted in the Anti-Corruption Report
- Dec 16, 2020
- Publications
Alex Oh Quoted in the Anti-Corruption Report
Litigation partner Alex Oh was quoted in an article, “2020 in Review: Big FCPA Numbers Despite a Pandemic,” published by the Anti-Corruption Report.
Mark Mendelsohn and Alex Oh to Participate in FCPA Conference
- Dec 02, 2020
- Events
Mark Mendelsohn and Alex Oh to Participate in FCPA Conference
Litigation partners Mark Mendelsohn and Alex Oh will participate in panels as part of the 37th Annual International Conference on the Foreign Corrupt Practices Act.
FCPA Developments: Q3 2020
- Oct 16, 2020
- Publications
FCPA Developments: Q3 2020
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…
Mark Mendelsohn to Speak at PLI’s FCPA Program
- Sep 03, 2020
- Events
Mark Mendelsohn to Speak at PLI’s FCPA Program
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.
Alex Young Oh to Participate in SOX Virtual Panel
- Jul 16, 2020
- Events
Alex Young Oh to Participate in SOX Virtual Panel
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.
Supreme Court Upholds the SEC’s Authority to Seek Disgorgement in Civil Actions, But Imposes Important Limiting Principles
- Jun 25, 2020
- Publications
Supreme Court Upholds the SEC’s Authority to Seek Disgorgement in Civil Actions, But Imposes Important Limiting Principles
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.
DOJ 2020 Guidance for Evaluating Corporate Compliance Incorporates Feedback From Business and Compliance Communities
- Jun 08, 2020
- Publications
DOJ 2020 Guidance for Evaluating Corporate Compliance Incorporates Feedback From Business and Compliance Communities
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…
Eni S.p.A. Agrees to Resolve FCPA Charges As Controlling Minority Shareholder of Saipem S.p.A.
- Apr 30, 2020
- Publications
Eni S.p.A. Agrees to Resolve FCPA Charges As Controlling Minority Shareholder of Saipem S.p.A.
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…
2020 FCPA Developments: A Judge Overturns Hoskins’s FCPA Guilty Verdict Under an Agency Theory; Cardinal Health Resolves FCPA Investigation with the SEC
- Mar 13, 2020
- Publications
2020 FCPA Developments: A Judge Overturns Hoskins’s FCPA Guilty Verdict Under an Agency Theory; Cardinal Health Resolves FCPA Investigation with the SEC
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…
FCPA Enforcement and Anti-Corruption Developments - 2019 Year in Review
- Jan 24, 2020
- Publications
FCPA Enforcement and Anti-Corruption Developments - 2019 Year in Review
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.
Mark Mendelsohn and Alex Oh to Participate in ACI FCPA Conference
- Dec 05, 2019
- Events
Mark Mendelsohn and Alex Oh to Participate in ACI FCPA Conference
Litigation partners Mark Mendelsohn and Alex Oh will speak at the American Conference Institute’s 36th International Conference on the Foreign Corrupt Practices Act.
Samsung Heavy Industries Agrees to Pay $75 Million to DOJ and Brazilian Authorities to Resolve FCPA Charges
- Dec 05, 2019
- Publications
Samsung Heavy Industries Agrees to Pay $75 Million to DOJ and Brazilian Authorities to Resolve FCPA Charges
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…
Jury Convicts Foreign National of FCPA Violations under Agency Theory
- Nov 21, 2019
- Publications
Jury Convicts Foreign National of FCPA Violations under Agency Theory
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…
DOJ Announces Guidance for “Inability-to-Pay” Claims
- Oct 10, 2019
- Publications
DOJ Announces Guidance for “Inability-to-Pay” Claims
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.
SEC Concludes the 2018-19 Fiscal Year with Four FCPA Enforcement Actions
- Oct 08, 2019
- Publications
SEC Concludes the 2018-19 Fiscal Year with Four FCPA Enforcement Actions
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.
FCPA Enforcement and Anti-Corruption Developments: 2019 Mid-Year Review
- Jul 18, 2019
- Publications
FCPA Enforcement and Anti-Corruption Developments: 2019 Mid-Year Review
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…
TechnipFMC Agrees to Pay $296 Million to DOJ and Brazilian Authorities to Resolve Criminal FCPA Charges; SEC Civil Charges Pending
- Jul 02, 2019
- Publications
TechnipFMC Agrees to Pay $296 Million to DOJ and Brazilian Authorities to Resolve Criminal FCPA Charges; SEC Civil Charges Pending
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…
Walmart Pays $282 Million for Failing to Maintain a Sufficient Anti-Corruption Compliance Program
- Jun 25, 2019
- Publications
Walmart Pays $282 Million for Failing to Maintain a Sufficient Anti-Corruption Compliance Program
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 Joins Paul, Weiss From the Mueller Special Counsel's Office
- Jun 21, 2019
- Firm News
Jeannie Rhee Joins Paul, Weiss From the Mueller Special Counsel's Office
Jeannie Rhee, a former U.S. Deputy Assistant Attorney General, is joining the firm as a partner in the Litigation Department.
Former U.S. Attorney General Loretta Lynch Joins Paul, Weiss
- May 28, 2019
- Firm News
Former U.S. Attorney General Loretta Lynch Joins Paul, Weiss
Loretta Lynch, the Attorney General of the United States from 2015 to 2017, has joined the firm as a partner in the Litigation Department.
Mark Mendelsohn and Harris Fischman to Speak at ACI FCPA Conference
- May 15, 2019
- Events
Mark Mendelsohn and Harris Fischman to Speak at ACI FCPA Conference
Litigation partners Mark Mendelsohn and Harris Fischman will speak on panels at the American Conference Institute’s (ACI) FCPA New York conference.
SEC Fines Telefônica Brasil S.A. $4.125 Million Relating to World Cup Tickets Given to Government Officials
- May 13, 2019
- Publications
SEC Fines Telefônica Brasil S.A. $4.125 Million Relating to World Cup Tickets Given to Government Officials
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…
DOJ Updated Guidance for Evaluating Corporate Compliance Programs Focuses on Effectiveness
- May 06, 2019
- Publications
DOJ Updated Guidance for Evaluating Corporate Compliance Programs Focuses on Effectiveness
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.
New York DFS Creates New “Powerhouse” Division Combining the Enforcement Division and Financial Frauds and Consumer Protection Division
- May 03, 2019
- Publications
New York DFS Creates New “Powerhouse” Division Combining the Enforcement Division and Financial Frauds and Consumer Protection Division
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 …
Harris Fischman to Participate in PLI Program on FCPA
- Apr 16, 2019
- Events
Harris Fischman to Participate in PLI Program on FCPA
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.”
Alex Oh, Justin Lerer and Meredith Arfa Publish Article on Anti-Corruption Battle Between the U.S. and China
- Mar 20, 2019
- Publications
Alex Oh, Justin Lerer and Meredith Arfa Publish Article on Anti-Corruption Battle Between the U.S. and China
Litigation partner Alex Oh, counsel Justin Lerer and associate Meredith Arfa published an article in the March 20 issue of the Anti-Corruption Report.
DOJ, FBI, and CFTC Announce FCPA Policy Revisions and Initiatives
- Mar 15, 2019
- Publications
DOJ, FBI, and CFTC Announce FCPA Policy Revisions and Initiatives
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…
Alex Oh to Participate in D.C. Bar Communities Program
- Apr 16, 2019
- Events
Alex Oh to Participate in D.C. Bar Communities Program
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.
Mobile TeleSystems PJSC Reaches $850 Million Resolutions with DOJ and SEC Over FCPA Violations
- Mar 12, 2019
- Publications
Mobile TeleSystems PJSC Reaches $850 Million Resolutions with DOJ and SEC Over FCPA Violations
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…
Alex Oh and Kaye Yoshino to Participate in Women’s Speaker Series at Harvard Law School
- Feb 21, 2019
- Events
Alex Oh and Kaye Yoshino to Participate in Women’s Speaker Series at Harvard Law School
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.
FCPA Enforcement and Anti-Corruption Developments: 2018 Year in Review
- Jan 17, 2019
- Publications
FCPA Enforcement and Anti-Corruption Developments: 2018 Year in Review
In this memo, we offer reflections on the year’s most significant developments in anti-corruption and FCPA enforcement and policy.
Ted Wells to Speak at NYC Bar’s CLE Program
- Jan 16, 2019
- Events
Ted Wells to Speak at NYC Bar’s CLE Program
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.”
DOJ Announces New Standards for Corporate Cooperation
- Dec 05, 2018
- Publications
DOJ Announces New Standards for Corporate Cooperation
The Department of Justice announced last week significant changes to its policies for granting corporations credit for cooperating with criminal investigations.
Mark Mendelsohn and Alex Oh Speak at ACI Conference on FCPA
- Nov 27, 2018
- Events
Mark Mendelsohn and Alex Oh Speak at ACI Conference on FCPA
Litigation partners Mark Mendelsohn and Alex Oh participated in the American Conference Institute’s 35th International Conference on the Foreign Corrupt Practices Act.
DOJ Announces New Guidance for Imposing Compliance Monitors in Criminal Division Matters
- Oct 17, 2018
- Publications
DOJ Announces New Guidance for Imposing Compliance Monitors in Criminal Division Matters
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…
Behind Petrobras $1.8 Billion FCPA Settlement, An Interesting Accounting
- Oct 02, 2018
- Publications
Behind Petrobras $1.8 Billion FCPA Settlement, An Interesting Accounting
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…
The Financial Crisis 10 Years Later: Lessons Learned
- Sep 15, 2018
- Publications
The Financial Crisis 10 Years Later: Lessons Learned
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…
The Second Circuit Rejects FCPA Liability for Foreign Persons under Accessory Liability Theories
- Aug 27, 2018
- Publications
The Second Circuit Rejects FCPA Liability for Foreign Persons under Accessory Liability Theories
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…
Supreme Court Rules That SEC Administrative Law Judge Appointments Violate The Constitution
- Jun 22, 2018
- Publications
Supreme Court Rules That SEC Administrative Law Judge Appointments Violate The Constitution
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.
U.S. Supreme Court Rules That Class Action Tolling Does Not Extend to Successive Class Actions Filed After Running of the Statute of Limitations
- Jun 12, 2018
- Publications
U.S. Supreme Court Rules That Class Action Tolling Does Not Extend to Successive Class Actions Filed After Running of the Statute of Limitations
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 …
Société Générale and Legg Mason to Pay Nearly $650 Million to Resolve DOJ Investigation of Libyan Bribery Scheme
- Jun 07, 2018
- Publications
Société Générale and Legg Mason to Pay Nearly $650 Million to Resolve DOJ Investigation of Libyan Bribery Scheme
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…
DOJ Issues New Policy on Coordination of Corporate Penalties to Address “Piling On”
- May 10, 2018
- Publications
DOJ Issues New Policy on Coordination of Corporate Penalties to Address “Piling On”
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…
Panasonic Reaches Global Settlement with DOJ and SEC Over FCPA Violations
- May 08, 2018
- Publications
Panasonic Reaches Global Settlement with DOJ and SEC Over FCPA Violations
On April 29, 2018, the U.S. Department of Justice entered into a deferred prosecution agreement with California-based Panasonic Avionics Corp.
FCPA Enforcement and Anti-Corruption Developments: Q1 2018
- Apr 13, 2018
- Publications
FCPA Enforcement and Anti-Corruption Developments: Q1 2018
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.
Mark Mendelsohn to Participate in ACI’s New York Conference on FCPA
- May 08, 2018
- Events
Mark Mendelsohn to Participate in ACI’s New York Conference on FCPA
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…
Elbit Imaging Settles with SEC in First FCPA Resolution of 2018
- Mar 15, 2018
- Publications
Elbit Imaging Settles with SEC in First FCPA Resolution of 2018
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…
Mark Mendelsohn to Participate in PLI Seminar on FCPA and International Anti-Corruption Developments
- Apr 23, 2018
- Events
Mark Mendelsohn to Participate in PLI Seminar on FCPA and International Anti-Corruption Developments
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.
Alex Oh Publishes Article on Corporate Compliance and HR in The Anti-Corruption Report
- Mar 07, 2018
- Publications
Alex Oh Publishes Article on Corporate Compliance and HR in The Anti-Corruption Report
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.
Mark Mendelsohn to Participate at GW Law’s FCPA Conference
- Mar 09, 2018
- Events
Mark Mendelsohn to Participate at GW Law’s FCPA Conference
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.”
Jessica Carey and Peter Jaffe Participated in Anticorruption Conference Hosted by ICC
- Feb 01, 2018
- Events
Jessica Carey and Peter Jaffe Participated in Anticorruption Conference Hosted by ICC
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.
FCPA Enforcement and Anti-Corruption Developments: 2017 Year In Review
- Jan 19, 2018
- Publications
FCPA Enforcement and Anti-Corruption Developments: 2017 Year In Review
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,…
DOJ Issues New FCPA Corporate Enforcement Policy
- Nov 30, 2017
- Publications
DOJ Issues New FCPA Corporate Enforcement Policy
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…
Mark Mendelsohn to Participate in Panel Discussion at Annual Sokol Colloquium on Private International Law
- Nov 10, 2017
- Events
Mark Mendelsohn to Participate in Panel Discussion at Annual Sokol Colloquium on Private International Law
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.”
Mark Mendelsohn to Participate in IBA Conference in Brazil
- Nov 06, 2017
- Events
Mark Mendelsohn to Participate in IBA Conference in Brazil
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.
President Trump Announces Intent to “De-Certify” Iran’s Compliance with the Joint Comprehensive Plan of Action
- Oct 13, 2017
- Publications
President Trump Announces Intent to “De-Certify” Iran’s Compliance with the Joint Comprehensive Plan of Action
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…
Telia Agrees to $965 Million Global Foreign Bribery Resolution
- Sep 28, 2017
- Publications
Telia Agrees to $965 Million Global Foreign Bribery Resolution
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…
President Trump Signs Executive Order Authorizing Sweeping Secondary Sanctions on Entities Involved in North Korean Trade
- Sep 26, 2017
- Publications
President Trump Signs Executive Order Authorizing Sweeping Secondary Sanctions on Entities Involved in North Korean Trade
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…
New York DFS Pursues $630 Million Fine Against Bank for Alleged Anti-Money Laundering and Sanctions Compliance Failures
- Aug 30, 2017
- Publications
New York DFS Pursues $630 Million Fine Against Bank for Alleged Anti-Money Laundering and Sanctions Compliance Failures
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 …
Second Circuit Rejects District Court’s Attempt to Scrutinize DPA
- Jul 18, 2017
- Publications
Second Circuit Rejects District Court’s Attempt to Scrutinize DPA
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…
Kokesh Raises Questions About Declinations with Disgorgement Under the FCPA Pilot Program
- Jun 29, 2017
- Publications
Kokesh Raises Questions About Declinations with Disgorgement Under the FCPA Pilot Program
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…
U.S. Supreme Court Holds That Five-Year Statute of Limitations Applies to Claims for Disgorgement Brought by the SEC
- Jun 06, 2017
- Publications
U.S. Supreme Court Holds That Five-Year Statute of Limitations Applies to Claims for Disgorgement Brought by the SEC
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…
How Regulators Are Assessing Corporate Compliance Programs
- May 17, 2017
- Videos
How Regulators Are Assessing Corporate Compliance Programs
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…
FCPA Pilot Program: One-Year Retrospective
- Apr 20, 2017
- Videos
FCPA Pilot Program: One-Year Retrospective
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.
New DOJ Guidance For Evaluating Corporate Compliance Programs
- Mar 20, 2017
- Publications
New DOJ Guidance For Evaluating Corporate Compliance Programs
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…
Mark Mendelsohn to Participate at PLI’s FCPA and International Anti-Corruption Seminar
- Apr 24, 2017
- Events
Mark Mendelsohn to Participate at PLI’s FCPA and International Anti-Corruption Seminar
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.”
Mark Mendelsohn and Farrah Berse to Participate at ACI’s Annual New York Conference on FCPA Act
- Apr 20, 2017
- Events
Mark Mendelsohn and Farrah Berse to Participate at ACI’s Annual New York Conference on FCPA Act
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.
Peter Jaffe Quoted in GIR Article on DOJ’s New Guidance on Corporate Compliance
- Feb 24, 2017
- Publications
Peter Jaffe Quoted in GIR Article on DOJ’s New Guidance on Corporate Compliance
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.
Client Alert: The Regulatory and Enforcement Outlook for Financial Institutions in 2017
- Feb 22, 2017
- Publications
Client Alert: The Regulatory and Enforcement Outlook for Financial Institutions in 2017
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…
A Flurry of FCPA Enforcement Actions Marks the End of the Obama Administration
- Feb 17, 2017
- Publications
A Flurry of FCPA Enforcement Actions Marks the End of the Obama Administration
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.
Client Memo: FCPA Enforcement and Anti-Corruption Developments: 2016 Year In Review
- Jan 20, 2017
- Publications
Client Memo: FCPA Enforcement and Anti-Corruption Developments: 2016 Year In Review
The year 2016 was, by any measure, an extraordinary year for the enforcement of the Foreign Corrupt Practices Act.
Why Anti-Corruption Due Diligence Is Important in M&A Transactions
- Jan 12, 2017
- Videos
Why Anti-Corruption Due Diligence Is Important in M&A Transactions
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…
Alex Oh and Harris Fischman Featured at ACI’s Forum on FCPA
- Jan 31, 2017
- Events
Alex Oh and Harris Fischman Featured at ACI’s Forum on FCPA
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 Announces Election of Three New Partners
- Dec 02, 2016
- Firm News
Paul, Weiss Announces Election of Three New Partners
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.
Christopher Frey to Speak at Wall Street Journal’s Anti-Corruption Event
- Nov 10, 2016
- Events
Christopher Frey to Speak at Wall Street Journal’s Anti-Corruption Event
Litigation counsel Christopher Frey will participate in a panel discussion at an upcoming Wall Street Journal luncheon addressing anti-corruption enforcement developments and compliance.
Client Alert: Embraer SA Pays $205 Million to the SEC and DOJ to Settle FCPA Violations
- Nov 01, 2016
- Publications
Client Alert: Embraer SA Pays $205 Million to the SEC and DOJ to Settle FCPA Violations
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 …
Mark Mendelsohn and Alex Oh to Participate in ACI’s International Conference on FCPA
- Nov 29, 2016
- Events
Mark Mendelsohn and Alex Oh to Participate in ACI’s International Conference on FCPA
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.
Farrah Berse to Discuss Petrobras at IBA Corporate Governance Event
- Nov 03, 2016
- Events
Farrah Berse to Discuss Petrobras at IBA Corporate Governance Event
Litigation counsel Farrah Berse will participate in a panel discussion at the International Bar Association's Annual Corporate Governance Conference.
Recent DOJ and SEC Actions Underscore Regulators’ Pronouncements That “Vigorous Enforcement” of FCPA Violations Remains a “High Priority”
- Oct 13, 2016
- Publications
Recent DOJ and SEC Actions Underscore Regulators’ Pronouncements That “Vigorous Enforcement” of FCPA Violations Remains a “High Priority”
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…
Client Alert: $1.4 Billion Global Settlement Offer to Telia Portends Major Foreign Bribery Prosecution
- Sep 23, 2016
- Publications
Client Alert: $1.4 Billion Global Settlement Offer to Telia Portends Major Foreign Bribery Prosecution
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…
Christopher Frey to Address FCPA Compliance at ALB Corporate Forum in Japan
- Sep 27, 2016
- Events
Christopher Frey to Address FCPA Compliance at ALB Corporate Forum in Japan
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.
Mark Mendelsohn to Moderate Panel at TI-USA Corporate Forum
- Sep 15, 2016
- Events
Mark Mendelsohn to Moderate Panel at TI-USA Corporate Forum
Litigation partner Mark Mendelsohn will moderate a panel at an upcoming Transparency International-USA Corporate Forum.
Peter Jaffe to Participate in ACI’s FCPA Enforcement & Compliance Conference
- Oct 18, 2016
- Events
Peter Jaffe to Participate in ACI’s FCPA Enforcement & Compliance Conference
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.
Client Alert: Treasury and Federal Banking Agencies Clarify BSA/AML and Sanctions Enforcement Standards for Foreign Correspondent Banking Relationships
- Sep 01, 2016
- Publications
Client Alert: Treasury and Federal Banking Agencies Clarify BSA/AML and Sanctions Enforcement Standards for Foreign Correspondent Banking Relationships
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…
Litigation Partners and Counsel Co-Author Article on FCPA Pilot Program
- Jul 29, 2016
- Publications
Litigation Partners and Counsel Co-Author Article on FCPA Pilot Program
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,"…
FCPA Pilot Program - New Guidance for Self-Reporting
- Jul 28, 2016
- Videos
FCPA Pilot Program - New Guidance for Self-Reporting
The U.S. Department of Justice's new FCPA enforcement pilot program is intended to encourage companies to voluntarily self-disclose FCPA-related misconduct.
OECD Criticizes Japan for Leniency in Combatting Foreign Bribery
- Jul 20, 2016
- Publications
OECD Criticizes Japan for Leniency in Combatting Foreign Bribery
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 …
Litigation Partners Author Article on New York’s New AML and Sanctions Requirements
- Jul 10, 2016
- Publications
Litigation Partners Author Article on New York’s New AML and Sanctions Requirements
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…
Litigation Partners Author Article on First DOJ Declination Letters Since Launch of Its FCPA Pilot Program
- Jul 07, 2016
- Publications
Litigation Partners Author Article on First DOJ Declination Letters Since Launch of Its FCPA Pilot Program
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…
New York DFS Finalizes Stringent Anti-Money Laundering and Sanctions Regulation
- Jul 01, 2016
- Publications
New York DFS Finalizes Stringent Anti-Money Laundering and Sanctions Regulation
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 …
Client Alert: DOJ Publicly Releases First Declination Letters Since Launching Its FCPA Pilot Program
- Jun 20, 2016
- Publications
Client Alert: DOJ Publicly Releases First Declination Letters Since Launching Its FCPA Pilot Program
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,…
Farrah Berse to Moderate Panel Discussion at C5’s International Conference on Anti-Corruption
- Jun 20, 2016
- Events
Farrah Berse to Moderate Panel Discussion at C5’s International Conference on Anti-Corruption
Litigation Counsel Farrah Berse will moderate a panel discussion at C5's 10th Annual International Conference on Anti-Corruption.
Alex Oh to Participate in ACI’s China Forum on Anti-Corruption
- Jun 15, 2016
- Events
Alex Oh to Participate in ACI’s China Forum on Anti-Corruption
Litigation partner Alex Oh will moderate a panel discussion at the American Conference Institute's 9th China Forum on Anti-Corruption.
Peter Jaffe to Participate in Panel at SEC/DOJ Enforcement Event
- May 25, 2016
- Events
Peter Jaffe to Participate in Panel at SEC/DOJ Enforcement Event
Counsel Peter Jaffe will speak on a panel at the annual SEC/DOJ Enforcement Update.
Mark Mendelsohn and Justin Lerer to Participate in ACI’s Annual New York Conference on FCPA
- May 16, 2016
- Events
Mark Mendelsohn and Justin Lerer to Participate in ACI’s Annual New York Conference on FCPA
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.
Mark Mendelsohn to Participate in Summit on Compliance Risks for Alternative Investment Industry
- Apr 05, 2016
- Events
Mark Mendelsohn to Participate in Summit on Compliance Risks for Alternative Investment Industry
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.
Client Alert: Novartis AG Settles SEC FCPA Action Involving China Subsidiaries
- Mar 29, 2016
- Publications
Client Alert: Novartis AG Settles SEC FCPA Action Involving China Subsidiaries
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…
Client Alert: DOJ and SEC Pressure Test Accuracy of Self-Reporting and Cooperation in PTC FCPA Settlement
- Feb 29, 2016
- Publications
Client Alert: DOJ and SEC Pressure Test Accuracy of Self-Reporting and Cooperation in PTC FCPA Settlement
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…
Mark Mendelsohn to Speak at TRACE Forum
- Mar 02, 2016
- Events
Mark Mendelsohn to Speak at TRACE Forum
Litigation partner Mark Mendelsohn will participate in a panel discussion at the TRACE Forum, an annual anti-bribery compliance benchmarking conference.
Client Alert: VimpelCom Agrees to Landmark $795 Million FCPA Resolution
- Feb 26, 2016
- Publications
Client Alert: VimpelCom Agrees to Landmark $795 Million FCPA Resolution
On February 18, 2016, U.S. authorities announced a landmark resolution concerning violations of the Foreign Corrupt Practices Act.
Client Alert: SEC Settlement Highlights Importance of Third-Party Agent Guidelines
- Feb 25, 2016
- Publications
Client Alert: SEC Settlement Highlights Importance of Third-Party Agent Guidelines
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.
Client Memo: SciClone Pharmaceuticals Settles FCPA Action Over China Business Practices
- Feb 16, 2016
- Publications
Client Memo: SciClone Pharmaceuticals Settles FCPA Action Over China Business Practices
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…
Awards & Recognition
Sixteen Paul, Weiss Partners Included in Benchmark Litigation's “Top 10 Women in Litigation,” “Top 250 Women in Litigation” and “40 & Under Hot List"
- Aug 19, 2020
- Awards
Sixteen Paul, Weiss Partners Included in Benchmark Litigation's “Top 10 Women in Litigation,” “Top 250 Women in Litigation” and “40 & Under Hot List"
Sixteen litigation partners have been recognized by Benchmark Litigation in its 2020 “Top 10 Women in Litigation,” “Top 250 Women in Litigation” and “40 & Under Hot List – Northeast.”
Claudia Hammerman, Amran Hussein and Loretta Lynch Named Notable Women in Law by Crain’s New York Business
- Dec 18, 2019
- Awards
Claudia Hammerman, Amran Hussein and Loretta Lynch Named Notable Women in Law by Crain’s New York Business
Litigation partners Claudia Hammerman and Loretta Lynch and corporate partner Amran Hussein have been named to Crain’s New York Business’s 2020 “Notable Women in Law” list.
Harris Fischman Named a David Rockefeller Fellow
- Oct 21, 2019
- Awards
Harris Fischman Named a David Rockefeller Fellow
Harris Fischman has been named to the Partnership for New York City’s 2019 – 2020 class of David Rockefeller Fellows, a group of thirty senior executives selected to participate in a year-long business and civic leadership program.
The American Lawyer Names Ted Wells “Litigator of the Week”
- Jun 21, 2019
- Awards
The American Lawyer Names Ted Wells “Litigator of the Week”
Litigation partner Ted Wells was named “Litigator of the Week” by The American Lawyer on June 21, in recognition of a victory by Ted and litigation partners Kannon Shanmugam and Yahonnes Cleary on behalf of New Jersey Gov. Phil…
Paul, Weiss Partners Receive Law360 Distinguished Writing Award
- Feb 26, 2019
- Awards
Paul, Weiss Partners Receive Law360 Distinguished Writing Award
Firm chairman Brad Karp, corporate partner Mark Bergman and litigation partners Susanna Buergel, Roberto Gonzalez, Jane O’Brien and Elizabeth Sacksteder have been selected to receive the Law360 Distinguished Writing Award at the 2019…
Susanna Buergel, Claudia Hammerman and Michele Hirshman Named to Benchmark’s Top 250 Women in Litigation
- Jul 19, 2018
- Awards
Susanna Buergel, Claudia Hammerman and Michele Hirshman Named to Benchmark’s Top 250 Women in Litigation
Litigation partners Susanna Buergel, Claudia Hammerman and Michele Hirshman were named to Benchmark Litigation’s annual "Top 250 Women in Litigation."
Ted Wells and Secretary Johnson Among Savoy Magazine’s Most Influential Black Lawyers
- Jul 16, 2018
- Awards
Ted Wells and Secretary Johnson Among Savoy Magazine’s Most Influential Black Lawyers
Litigation partners Ted Wells and Jeh Johnson were named to Savoy Magazine’s “Most Influential Black Lawyers” list.
Jessica Carey and Roberto Gonzalez Receive Law360 Distinguished Writing Award
- Mar 28, 2017
- Awards
Jessica Carey and Roberto Gonzalez Receive Law360 Distinguished Writing Award
Litigation partners Jessica Carey and Roberto Gonzalez have been selected to receive the “Law360 Distinguished Writing Award” at the 2017 Burton Awards.
Paul, Weiss and Mark Mendelsohn Win Who’s Who Legal Awards for Investigations
- Apr 12, 2016
- Awards
Paul, Weiss and Mark Mendelsohn Win Who’s Who Legal Awards for Investigations
Paul, Weiss was named Investigations Law Firm of the Year and litigation partner Mark Mendelsohn was recognized as Investigations Lawyer of the Year at the 2016 Who's Who Legal Awards.