On May 13, 2024, President Biden, acting on a transaction referred to him from the Committee on Foreign Investment in the United States (“CFIUS”), took the unusual step of ordering the prohibition of a real estate acquisition...more
Overview -
A recent spate of cases on both sides of the Atlantic in 2023 show that criminal enforcement and asset recovery proceedings stemming from the iconic Brazilian anti-corruption investigation, Operation “Car Wash”...more
On February 22, 2023, the United States Attorneys’ Offices (USAO) issued a new Voluntary Self-Disclosure (VSD) Policy, which is effective immediately. The policy follows the revisions announced last month to the Department of...more
In a decision that likely will reverberate throughout the administrative state, a three-judge panel of the United States Court of Appeals for the Fifth Circuit recently held in Jarkesy v. Securities and Exchange Commission...more
I. A Growing Risk -
The United States, along with the United Kingdom and European Union, has increasingly wielded economic sanctions against major commercial actors and financial transactions, sometimes roiling global...more
3/3/2021
/ AML/CFT ,
Blocking Statutes ,
Derivatives ,
Economic Sanctions ,
EU ,
Financial Transactions ,
Global Market ,
ISDA ,
Popular ,
UK ,
White Collar Crimes
After three years of uncertainty over the Serious Fraud Office’s (“SFO”) powers to obtain documents located overseas, the UK Supreme Court has clarified the extraterritorial effect of the legislation facilitating that power...more
2/25/2021
/ Anti-Corruption ,
Comity ,
Criminal Investigations ,
Document Productions ,
Enforcement Actions ,
Extraterritoriality Rules ,
Foreign Entities ,
KBR (formerly Kellogg Brown & Root) ,
Serious Fraud Office (SFO) ,
UK ,
White Collar Crimes
On January 1, 2021, Congress enacted the Anti-Money Laundering Act of 2020 (the “Act”). As part of the National Defense Authorization Act for Fiscal Year 2021, the Act creates a broad range of new anti-money laundering...more
On July 21, 2020, the Intelligence and Security Committee of Parliament published the Russia Report (the Report). The Report found that the UK was one of Russia’s “top Western intelligence targets” and that the UK government...more
While the past year, or even eighteen months, was short on landmark federal securities law decisions, there was significant activity on the part of private securities litigants. In 2018, plaintiffs filed 403 new federal...more
5/13/2019
/ China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Cybersecurity ,
Emulex Corp. v Varjabedian ,
Government Investigations ,
Publicly-Traded Companies ,
Regulatory Violations ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Statute of Limitations ,
White Collar Crimes
The securities litigation and regulatory landscape in 2017 defies simple categorization. Plaintiffs filed 226 new federal class actions in the first half of 2017, more than double the average rate over the last 20 years, and...more
1/8/2018
/ Basic v Levinson ,
CalPERS v ANZ Securities ,
Class Action ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Digital Realty Trust Inc v Somers ,
Enforcement Actions ,
Indemnification ,
Insider Trading ,
Kokesh v SEC ,
Martoma ,
Omnicare v Laborers District Council ,
Petrobras ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
SLUSA ,
Statute of Limitations ,
Statute of Repose ,
Whistleblowers ,
White Collar Crimes
Creating a potential new impediment for collaboration between UK and US investigators, the Court of Appeals for the Second Circuit in New York recently held that evidence derived from compelled testimony cannot be used in a...more
7/26/2017
/ Bank Fraud ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Fifth Amendment ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Inadmissible Evidence ,
Libor ,
Market Manipulation ,
Rabobank ,
Regulatory Agencies ,
Self-Incrimination ,
Testimony ,
UK ,
White Collar Crimes ,
Wire Fraud
Legislation passed by the U.S. House of Representatives threatens to shake up the Securities and Exchange Commission’s enforcement program in a historic manner....more
6/12/2017
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Dodd-Frank ,
Enforcement Actions ,
Financial Institutions ,
Financial Regulatory Reform ,
Government Investigations ,
Pending Legislation ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Wells Notice ,
White Collar Crimes
On 17 January 2017, the UK Serious Fraud Office (“SFO”),[1] the US Department of Justice (“DOJ”),[2] and the Brazilian Ministério Público Federal (“MPF”) announced an $800 million global settlement with Rolls-Royce plc and...more
1/23/2017
/ Angola ,
Anti-Corruption ,
Automotive Industry ,
Azerbaijan ,
Brazil ,
Bribery ,
Corporate Counsel ,
Corruption ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
Kazakhstan ,
Oil & Gas ,
Penalties ,
Pipelines ,
Rolls-Royce ,
SFO ,
Thailand ,
UK ,
UK Bribery Act ,
White Collar Crimes
Friends and relatives of corporate insiders who knowingly receive and trade on inside information now confront greater exposure for federal securities laws violations. On December 6, 2016, the Supreme Court held in United...more
12/9/2016
/ Confidential Information ,
Dirks v SEC ,
Financial Markets ,
Illegal Tipping ,
Insider Trading ,
Non-Public Information ,
Personal Benefit ,
SCOTUS ,
Securities Violations ,
Tippees ,
Tippers ,
US v Newman ,
US v Salman ,
White Collar Crimes
After a conventional presidential campaign, determining the policy priorities and direction of the incoming administration with respect to the Justice Department’s white collar law enforcement responsibilities can be a...more
11/30/2016
/ Affordable Care Act ,
Anti-Bribery ,
Bribery ,
BSA/AML ,
Corruption ,
Cybersecurity ,
Decriminalization of Marijuana ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
False Claims Act (FCA) ,
FBI ,
Foreign Corrupt Practices Act (FCPA) ,
Generic Drugs ,
Healthcare ,
Healthcare Fraud ,
Medical Marijuana ,
National Security ,
Non-Prosecution Agreements ,
Office of Foreign Assets Control (OFAC) ,
Pharmaceutical Industry ,
Popular ,
Prescription Drugs ,
Regulatory Oversight ,
RICO ,
Securities and Exchange Commission (SEC) ,
Surveillance ,
White Collar Crimes
Amendments to the Rules of Practice Do Little to Address Criticism that the Deck is Stacked -
Facing pressure from industry practitioners and in the wake of constitutional challenges in multiple jurisdictions, the...more
8/8/2016
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appointments Clause ,
Article II ,
Consumer Protection Act ,
Dodd-Frank ,
Due Process ,
Enforcement Actions ,
Federal Rules of Civil Procedure ,
Federal Rules of Evidence ,
Hearsay ,
Rules of Practice ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Seventh Amendment ,
White Collar Crimes
On May 11, 2016, the Financial Crimes Enforcement Network (“FinCEN”) issued the final version of its long-awaited “Customer Due Diligence Rules” under the Bank Secrecy Act. The final rules impose a new requirement on...more
5/16/2016
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
Beneficial Owner ,
BSA/AML ,
Due Diligence ,
Financial Institutions ,
FinCEN ,
Offshore Funds ,
Panama Papers ,
Recordkeeping Requirements ,
Tax Evasion ,
Tax Haven ,
White Collar Crimes
On September 9, 2015, the U.S. Department of Justice announced a new policy regarding individual accountability for corporate misconduct. The policy, described in a memo authored by Deputy Attorney General Sally Yates,...more