News & Analysis as of September 14, 2024

Securities and Exchange Commission (SEC)

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Braumiller-Law-Group - June 2024 Newletter

Braumiller Law Group, PLLC on 6/11/2024

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing...more

DOJ Expands Cryptocurrency Enforcement with Formation of Prosecutors Network

Dechert LLP on 9/22/2022

In response to President Biden’s March 9, 2022 Executive Order on digital assets, the DOJ announced the formation of a new network of prosecutors tasked with becoming specialists in investigating and prosecuting alleged...more

Delaware Court of Chancery Dismisses Marriott Data Breach Derivative Suit

Goodwin on 10/20/2021

Delaware Court of Chancery Dismisses Marriott Data Breach Derivative Suit; DOJ Announces Creation of National Cryptocurrency Enforcement Team; Fifth Circuit Applies New Standard for Disgorgement Orders In Securities Cases to...more

What to Expect from the SEC Under the Biden Administration

Winstead PC on 2/9/2021

The dust has settled on the 2020 election, and the Biden administration has begun pressing forward with its policy objectives. Critical to achieving such objectives is the Democrats’ control of both the House of...more

Municipal VRDO Class Action Survives Banks’ Request for Dismissal

ArentFox Schiff on 12/3/2020

Financial institutions should work with outside counsel to ensure that their internal policies and external actions minimize conduct that may violate state and Federal laws and regulations, and incentivize employees to reward...more

Unpacking the DOJ and SEC FCPA Resource Guide

Faegre Drinker Biddle & Reath LLP on 10/12/2020

In November 2012, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) issued A Resource Guide to the U.S. Foreign Corrupt Practices Act (the Resource Guide), intended to give companies and...more

DOJ and SEC Release Updated Guidance On The FCPA

Coblentz Patch Duffy & Bass on 8/3/2020

The Foreign Corrupt Practices Act doesn’t ensnare just those involved in foreign corruption. It also can cover conduct in the United States that has nothing to do with either foreign officials or bribery schemes. So the...more

Revised FCPA Guidance: New Case Updates (Part II of V)

The Volkov Law Group on 7/14/2020

Over the last eight years, FCPA litigation has increased. Companies are still avoiding the risks of litigation and losing to the Justice Department and the SEC. Individuals, on the other hand, have clear incentives to...more

DOJ And The SEC Publish Long-Awaited Update To The FCPA Resource Guide

Vinson & Elkins LLP on 7/10/2020

On July 3, 2020, the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) published the Second Edition of “FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act” (the “Guide”)....more

DOJ and SEC Release Second Edition of FCPA Resource Guide

Foley Hoag LLP on 7/7/2020

On July 3, 2020, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released the Second Edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”). As...more

SEC Brings Enforcement Action for Loss Contingency Disclosure

Stinson - Corporate & Securities Law Blog on 9/30/2019

The SEC recently settled an enforcement action against Mylan N.V., claiming Mylan failed to timely disclose to investors a possible loss relating to a nearly two-year Department of Justice probe into whether Mylan...more

The Future of FCPA Enforcement After Kokesh

Pillsbury Winthrop Shaw Pittman LLP on 11/15/2017

Increased international cooperation, more aggressive investigations and greater focus on individual accountability. In light of the U.S. Supreme Court’s decision in Kokesh v. SEC, the SEC is expected to prioritize quicker,...more

FCPA Compliance Report-Episode 346, Mike Skopets on Miller’s Summer 2017 FCPA Report

Thomas Fox - Compliance Evangelist on 8/21/2017

In this episode, I visit with Mike Skopets, from Miller & Chevalier on the firm’s Summer 2017 FCPA Report. We discuss the background to the Report and begin with what macro trends the firm identified. We discuss the numbers...more

Anti-Corruption Digest - July 2017

Dorsey & Whitney LLP on 7/7/2017

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. The Digest puts material regarding anti-corruption enforcement from around the world at your fingertips, keeping you ahead of critical events that impact global...more

Red Notice Newsletter - June 2017

Akin Gump Strauss Hauer & Feld LLP on 7/4/2017

ANTICORRUPTION DEVELOPMENTS - Linde Group Receives DOJ Declination Pursuant to FCPA Pilot Program - On June 16, 2017, German based chemical and gas company Linde Group’s American affiliates, Linde North America Inc....more

This Week in FCPA-Episode 56

Thomas Fox - Compliance Evangelist on 6/11/2017

This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: 1. The Kokesh case at the US Supreme Court is significant for SEC enforcement of the FCPA around profit...more

U.S. Supreme Court Significantly Limits SEC's Power to Recover Disgorgement

Jones Day on 6/7/2017

On June 5, 2017, in an unanimous ruling in Kokesh v. SEC, No. 16-529, the United States Supreme Court significantly limited the breadth of the Securities and Exchange Commission's primary enforcement tool. The Court held that...more

The Kokesh Decision – One Question Answered, Others Left Open

Thomas Fox - Compliance Evangelist on 6/7/2017

In the case of Kokesh v. SEC, the US Supreme Court held the profit disgorgements operate as a penalty under the Securities and Exchange Act of 1934, as amended. As such “any claim for disgorgement in an SEC enforcement action...more

Red Notice Newsletter - April 2017

Akin Gump Strauss Hauer & Feld LLP on 5/2/2017

ANTICORRUPTION DEVELOPMENTS – Former Magyar Telekom Executives Settle Bribery Charges – On April 24, 2017, the Securities and Exchange Commission (SEC) announced that two former executives of Magyar Telekom, a...more

Emerging Trends Newsletter - Q3

Stinson LLP on 10/17/2016

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Retail and Consumer Products Law Roundup - November 2015

Manatt, Phelps & Phillips, LLP on 11/5/2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

White Collar Watch - March 2013

Saul Ewing LLP on 3/22/2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

Increased Risk of FCPA Prosecution of Foreign National Executives of U.S. Issuers: Recent Court Decision Allows Open-Ended Statute...

Foley Hoag LLP on 2/19/2013

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act ("FCPA”). The decision from the federal district court in New York denied...more

New FCPA Decision: How Long is the FCPA’s Reach?

Morrison & Foerster LLP on 2/15/2013

A little more than a year after Deustche Telekom (“DT”) and Magyar Telekom entered into multi-million dollar settlements with the SEC and DOJ to resolve claims that the two companies violated the FCPA, three former Magyar...more

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