On November 29, 2017, the US Department of Justice (DOJ) issued a revised Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy and sweetened the deal for companies that self-report instances of foreign bribery....more
In a decision likely to cause global reverberations in the realm of cross-border enforcement, the US Court of Appeals for the Second Circuit has vacated the convictions and indictment in the first US criminal appeal related...more
7/25/2017
/ Appeals ,
Compelled Testimony ,
Criminal Convictions ,
Cross-Border ,
Enforcement Actions ,
Fifth Amendment ,
Financial Conduct Authority (FCA) ,
Foreign Jurisdictions ,
Indictments ,
Libor ,
Rabobank ,
UK
As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more
6/21/2017
/ America Invents Act ,
Americans with Disabilities Act (ADA) ,
Anti-Money Laundering ,
Attorney-Client Privilege ,
Cross-Border ,
Enforcement Actions ,
EU ,
Legal Advice Privilege ,
Patent Litigation ,
Post-Grant Review ,
Privileged Communication ,
Tax Reform ,
UK ,
Website Accessibility
The Senate’s recent confirmation of Justice Neil Gorsuch, President Donald Trump’s pick to fill the United States Supreme Court vacancy, could impact the deference courts currently afford to administrative agencies in the...more
A recent decision out of the English High Court narrows the scope of the legal advice privilege, which will have important implications for US companies that have ties to the UK.
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On Friday, March 10, Kenneth Blanco, the acting assistant attorney general for the Department of Justice’s Criminal Division, announced that the FCPA Pilot Program would not expire on April 5, 2017, as originally scheduled....more
A recent decision by the United States District Court for the Southern District of New York delivered a victory to banks seeking to prevent judgment creditors from attaching assets “blocked” pursuant to Office of Foreign...more
Following recent regulatory announcements and legal decisions, internal investigations are becoming increasingly more complicated to navigate. Join Sutherland for a moderated roundtable where our experienced practitioners...more
On January 23, 2015, the Securities Industry and Financial Markets Association (SIFMA) released a new white paper outlining the unique and varied challenges broker-dealers face when complying with state unclaimed property...more
Confirming that auditor independence continues to be a regulatory priority, the Securities and Exchange Commission (SEC or Commission) and the Public Company Accounting Oversight Board (PCAOB) issued orders on December 8,...more
On December 1, 2014, the Financial Industry Regulatory Authority’s (FINRA) Consolidated Supervision Rules will take effect. The Consolidated Supervision Rules, which were approved by the U.S. Securities and Exchange...more
To ensure that broker-dealers (BDs) do not inadvertently facilitate an unlawful distribution of securities, the Securities and Exchange Commission has long required BDs to conduct a “reasonable inquiry” into the circumstances...more
Financial Industry Regulatory Authority (FINRA) Member Firms have new language to include in their settlement and confidentiality agreements. On October 9, FINRA released Regulatory Notice (RN) 14-40, warning that firms are...more
On July 22, the U.S. Securities and Exchange Commission (SEC) approved the Financial Industry Regulatory Authority’s (FINRA) proposed Rule 2081, which prevents firms or associated persons from conditioning settlement or...more
On January 31, 2014, the U.S. Securities and Exchange Commission’s (SEC) Division of Trading and Markets issued a No-Action Letter (Letter)1 that allows a private business broker (M&A Broker) to receive transaction-based...more
On January 28, 2014, the U.S. Securities and Exchange Commission (SEC) Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert entitled: Investment Adviser Due Diligence Processes for Selecting...more