In Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S.Ct. 1318 (2015) (“Omnicare”), the Supreme Court pronounced the standard for determining whether a statement of opinion is actionable...more
The Securities and Exchange Commission (the SEC or the Commission) filed a record 807 enforcement actions in fiscal year 2015, 52 more than it filed in 2014. It also set a record by obtaining approximately $4.2 billion in...more
The International Atomic Energy Agency certifies that Iran had complied with all nuclear-related requirements of the Joint Comprehensive Plan of Action leading to the end of United States sanctions against the country...more
Although the United States, the European Union, and the United Nations lifted a number of sanctions targeting Iran on January 16, 2016 (“Implementation Day”) in accordance with the terms of the recent Iran nuclear deal, the...more
Today Hong Kong's Competition Ordinance has come into full effect. The Ordinance gives Hong Kong its first general competition law that applies to all sectors of the economy.
...more
On November 10, 2015, the US Court of Appeals for the Second Circuit unanimously held in a published opinion that (i) the attorney-client privilege was not waived by appellants-taxpayers who shared a group of documents,...more
Although US and EU sanctions targeting Iran are not likely to be lifted before early 2016, there are a number of issues which US and EU-based financial institutions should be aware of in preparation for sanctions relief as a...more
9/28/2015
/ Banking Sector ,
EU ,
Financial Institutions ,
Implementation Day ,
International Atomic Energy Agency ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
P5+1 Nations ,
SDN List
Recently, governmental authorities have pursued corruption investigations in Latin America with a vigor traditionally not seen. One potential result is a significant disruption of business. While there are inherent risks in...more
8/12/2015
/ Chief Compliance Officers ,
Complex Corporate Transactions ,
Compliance ,
Due Diligence ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Joint Venture ,
Latin America ,
Lockheed Martin ,
Nokia ,
Risk Assessment ,
Risk Mitigation ,
Siemens
After almost two years of negotiations, the P5+1 and Iran reach a final comprehensive agreement regarding Iran’s nuclear program, which will likely result in the gradual lifting of international and US sanctions by early next...more
8/4/2015
/ Cuba ,
Enforcement Actions ,
IAEA ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
P5+1 Nations ,
Sanctions ,
State Sponsors of Terrorism
After almost two years of negotiations, on July 14, 2015, the E3/EU+3 (China, France, Germany, Russia, the United Kingdom and the United States) and Iran reached an agreement regarding Iran’s nuclear program. The Joint...more
7/16/2015
/ Banking Sector ,
Energy Sector ,
Foreign Relations ,
IAEA ,
Inspections ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Power ,
P5+1 Nations ,
SDN List ,
Trade Relations
What are the prospects for business with Iran after the June 30 deadline to complete negotiations over Iran’s nuclear program? In exchange for limitations on Iran’s ability to develop nuclear weapons, the European Union...more
Recent enforcement actions by the Department of Justice and Securities and Exchange Commission have raised the profile of corruption in international sport and highlight unique FCPA compliance concerns. This note will explain...more
6/15/2015
/ BHP Billiton ,
Bribery ,
Compliance ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Football ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Match Fixing ,
Olympics ,
Popular ,
Securities and Exchange Commission (SEC) ,
Soccer ,
Sports ,
World Cup
The Obama Administration’s recent loosening of trade restrictions on Cuba has the potential to open new opportunities for US businesses. However, there are several obstacles to be overcome before US companies may access...more
5/13/2015
/ Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Development ,
Entrepreneurs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Imports ,
Regulatory Standards ,
Sanctions ,
Trade Relations
In this edition:
- US and EU continue targeting Russia for its activity in Ukraine
- Cuba-related regulatory reforms announced
- P5+1 and Iran reach framework agreement
- US enforcement actions:...more
4/23/2015
/ Commerzbank ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Drug Trafficking ,
Enforcement Actions ,
Iran ,
Office of Foreign Assets Control (OFAC) ,
P5+1 Nations ,
Russia ,
Sanctions ,
Terrorist Threats ,
Ukraine
Recent OFAC and DOJ actions have focused on certain entities – overseas financial institutions – and particular conduct – US dollar clearing and associated “stripping.” The DOJ’s recent $232 million settlement and negotiated...more
4/17/2015
/ Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Extraterritoriality Rules ,
Facilitation Payments ,
FFI ,
Internal Controls ,
Manufacturers ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Schlumberger
On April 1, 2015, the United States Securities and Exchange Commission (“SEC” or “Commission”) filed its first enforcement action under Section 21F of the Securities Exchange Act of 1934 (“Exchange Act”) and Exchange Act Rule...more
In its much-anticipated decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (“Omnicare”), No. 13-435 (Mar. 24, 2015), the United States Supreme Court held that an honestly-held statement...more
Fiscal year 2014 proved to be another eventful and record-breaking year for the Division of Enforcement (Enforcement Division) of the United States Securities and Exchange Commission (SEC or the Commission). Indeed, the...more
In this issue:
- US and EU continue sanctions against Russia for its activity in Ukraine;
- US and EU sanctions against the Crimea region;
- US makes major change in Cuban relations;
- The EU...more
1/14/2015
/ Crimea ,
Cuba ,
Drug Trafficking ,
Enforcement Actions ,
EU ,
Foreign Relations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
Syria ,
Trade Relations ,
Ukraine
Improper Gifts Alone, Without Cash Bribes, Serve as Basis for SEC’s Latest FCPA Enforcement Action -
Earlier this week, the SEC announced fines for two former defense contractor employees for FCPA violations relating...more
Last week the SEC settled charges against Layne Christensen for various violations of the FCPA. While a relatively unremarkable case at first glance, the SEC’s charges against Layne Christensen reflect a troubling approach by...more
In this issue:
- The Revised OFAC 50 Percent Rule
- U.S. and E.U. Sectoral Sanctions Targeting Russia
- Additional U.S. Sanctions Targeting Iran
- Sanctions Targeting Ongoing Conflicts in Syria,...more
10/21/2014
/ Banking Sector ,
Defense Sector ,
Energy Sector ,
Enforcement Actions ,
EU ,
Iran Sanctions ,
Joint Plan of Action ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SSI List ,
Sudan ,
Syria ,
Ukraine
While not nearly as transformative and dramatic as the first half of 2013 and the early days of Chair Mary Jo White and Director of Enforcement Andrew Ceresney, the first six months of 2014 was just as busy and productive...more
In this issue:
- US Authorities End Quarter Full of Enforcement Actions with $8.9 Billion BNP Settlement
- US and EU Make Numerous Ukraine-Related Designations as Separatist Aggression Continues
- US...more
In this edition:
- Implementation of the Joint Plan of Action with Iran
- Additional US Iran-Related Sanctions and Licenses
- OFAC Civil Settlements
- US and EU Sanctions in Response to the Situation in...more