U.S. Policy Developments -
Since the fall of 2022, DOJ has made several policy pronouncements in connection with its efforts to combat corporate crime. While it remains to be seen how these policies will ultimately affect...more
4/5/2023
/ Anti-Corruption ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disclosure ,
Enforcement Actions ,
FATF ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Remediation ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements
In order to continue restricting Russia’s ability to finance war efforts against Ukraine, on February 3, 2023, the G7 nations implemented two new price caps on seaborne petroleum products that originate in Russia (“Russian...more
CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down.
High technology (including quantum computing), life sciences, and green energy...more
2/9/2023
/ Aerospace ,
Artificial Intelligence ,
Biden Administration ,
Biotechnology ,
CFIUS ,
China ,
Clean Energy ,
Cybersecurity ,
Data Processors ,
Defense Production Act ,
Enforcement Actions ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
Insurance Industry ,
International Trade ,
Life Sciences ,
National Security ,
OSTP ,
Penalties ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
Telecommunications
Earlier in January 2023, the U.S. Department of Justice (DOJ) announced revisions to its Corporate Enforcement Policy (CEP) under the Foreign Corrupt Practices Act (FCPA) for the first time since 2017. In his speech...more
2/1/2023
/ Acquisitions ,
Anti-Corruption ,
Corporate Crimes ,
Corporate Governance ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Mergers ,
Self-Disclosure Requirements ,
White Collar Crimes
It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more
12/23/2022
/ Anti-Competitive ,
Antitrust Division ,
Competition ,
Corporate Counsel ,
Corporate Governance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Hiring & Firing ,
Joint Venture ,
No-Poaching ,
Popular ,
Wage-Fixing ,
White Collar Crimes
Following the initial announcement in September 2022 by the Group of Seven Nations (“G7”) that they would set a price cap on Russian-origin oil and petroleum products, the U.S., the EU, and the UK have moved to implement the...more
U.S. augments current sanctions on Nicaragua by imposing additional sanctions on the Nicaraguan mining authority and the former Nicaraguan head of state security, and expanding sanctions authorities allowing the U.S. to...more
Abortion was a key issue for voters in the midterm elections, with voters in California, Vermont and Michigan voting in favor of constitutional amendments that will strengthen abortion protections, and voters in Kentucky and...more
I. Additional Export Controls on Russia and Belarus -
(a) Export restrictions on a wide range of EAR99 items -
Effective September 15, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS)...more
9/27/2022
/ Belarus ,
Expiration Date ,
Export Controls ,
Extensions ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Oil Prices ,
Popular ,
Russia ,
SDN List ,
U.S. Commerce Department
Federal prosecutors from the Southern District of New York recently charged Nathan Chastain with wire fraud and money laundering in connection with a purported scheme to illegally profit from sales and purchases of...more
9/13/2022
/ Blockchain ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Insider Trading ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Popular ,
White Collar Crimes ,
Wire Fraud
On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins...more
8/23/2022
/ Acquittals ,
Alstom ,
Appeals ,
Bribery ,
Corporate Counsel ,
Criminal Convictions ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Money Laundering ,
White Collar Crimes
President Biden issues a new executive order directing the Department of Health and Human Services and the Federal Trade Commission to take steps to safeguard access to reproductive healthcare services, protect patient...more
I. OFAC Prohibits Gold Importation from the Russian Federation -
Implementing the declaration of G-7 leaders on June 26, 2022, the United States has joined the UK, Canada and Japan in prohibiting the importation of newly...more
I. OFAC Publishes FAQs Addressing Ban on New Investment in Russia On April 6, 2022, President Biden signed Executive Order (“EO”) 14071, which prohibits all “new investment in the Russian Federation by a United States...more
June 23, 2022 Key Takeaways: In two recent speeches, Matthew Axelrod, Assistant Secretary for Export Enforcement at the Department of Commerce’s Bureau of Industry and Security (“BIS”), has signaled policy changes related to...more
6/23/2022
/ Antitrust Violations ,
Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Sanctions ,
Self-Disclosure Requirements ,
U.S. Commerce Department
BIS Imposes New Export Controls on Certain Industrial EAR99 Items -
Currently, all items on the Export Administration Regulations’ (“EAR“) Commerce Control List (“CCL”) require a license for export, re-export or transfer...more
6/14/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
EU ,
Export Controls ,
General Licenses ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
UK ,
Ukraine
I. U.S. Persons Prohibited from Providing Accounting, Trust and Corporate Formation, and Management Consulting Services to Russia -
On May 8, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control...more
U.S. Actions Following increased sanctions on Russian banks and a new Executive Order banning investment in the Russian Federation (reported by Foley Hoag here), on April 7, 2022, the U.S. sanctioned two major Russian...more
I. New Executive Order Bans U.S. Investment in Russia -
On April 6, 2022, President Biden issued a new Executive Order, “Prohibiting New Investment in and Certain Services to the Russian Federation in Response to...more
4/8/2022
/ Asset Freeze ,
Banking Sector ,
Biden Administration ,
Cyber Crimes ,
Economic Sanctions ,
Executive Orders ,
Financial Institutions ,
Investment ,
Investors ,
Office of Foreign Assets Control (OFAC) ,
Ransomware ,
Russia
U.S. Sanctions -
The U.S. continued to expand its Russia-related sanctions with new additions to the Specially Designated Nationals and Blocked Persons List (“SDN List”) made by the U.S. Department of the Treasury’s Office...more
On March 11, 2022, President Biden signed a new Russia-related Executive Order, Prohibiting Certain Imports, Exports, and New Investment with Respect to Continued Russian Federation Aggression (“March 11 E.O.”)....more
3/16/2022
/ Belarus ,
Biden Administration ,
Cryptocurrency ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Financial Institutions ,
Financial Transactions ,
Investment ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Vladimir Putin
I. Biden Administration Import and Investment Ban Related to Russian Energy -
On March 8, 2022, the Biden administration announced its widely anticipated ban on the import of Russian oil and other energy-related...more
3/14/2022
/ Belarus ,
Biden Administration ,
Economic Sanctions ,
Energy Sector ,
EU ,
Export Controls ,
Financial Institutions ,
FinCEN ,
General Licenses ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
UK ,
Ukraine
Key Takeaways:
• U.S. imposes additional sanctions on Russian elites, along with their family members, companies, and personal vehicles
• Actions targeting the defense sector and Russian government-affiliated media...more
3/8/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Financial Transactions ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
SWIFT ,
Ukraine
On February 28, 2022, the U.S. government announced new sanctions on the Central Bank of Russia, National Wealth Fund, Ministry of Finance, and Russian Direct Investment Fund, dramatically increasing the economic impact of...more
3/2/2022
/ Biden Administration ,
Economic Sanctions ,
Enforcement Priorities ,
Executive Orders ,
Export Controls ,
Financial Transactions ,
Foreign Currency ,
Foreign Trade Regulations ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
As we had reported in our earlier client alert and 2022 Year in Preview, Russia’s invasion of Ukraine has resulted in a new wave of sanctions and export controls on Russia, including sanctions on key sectors of the Russian...more
2/28/2022
/ Australia ,
Canada ,
China ,
Economic Sanctions ,
EU ,
Export Controls ,
Exports ,
Financial Institutions ,
Financial Services Industry ,
Japan ,
Licensing Rules ,
New Zealand ,
Russia ,
SDN List ,
Sovereign Debt ,
UK ,
Ukraine ,
Vladimir Putin