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Insights
What In-House Counsel Need to Know Regarding Compliance and Enforcement of U.S. Anti-Corruption Laws: Recent Cases Focus on Latin America
What In-House Counsel Need to Know Regarding Compliance and Enforcement of U.S. Anti-Corruption Laws: Recent Cases Focus on Latin America
August 23, 2012
BY THOMAS P. O'BRIEN, DANIEL PRINCE, & JOHN O'KANE, IV
The United States Securities and Exchange Commission (the SEC) and Department of Justice (the DOJ) have devoted significant resources to the enforcement of anti-corruption laws; however, in many cases, the governments scrutiny has not been limited to the payment of bribes to foreign officials. Rather, in its investigations, the government also has considered (and likely will continue to consider) a corporations culture of compliance, such as the efforts of compliance personnel and in-house counsel (and, in some cases, upper management) to identify and remedy the alleged wrongdoing as opposed to attempting to cover it up''.
Click here for a PDF of the full text
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7/13/2012
Previous
English High Court Provides Guidance on Scope of Documents Required to be Provided to Private Equity Fund Investors
7/12/2012
Next
How Hedge Fund Managers Can Use Arbitration Provisions to Prevent Investor Class Action Lawsuits
7/10/2012
Previous
HKEx guidance on the pre-release and pre-cancellation of Hong Kong depositary receipts
7/9/2012
Next
New FINRA Rule 5123Notice Filing Obligations for Private Placements
7/3/2012
Previous
New Italian Measures Facilitate Debt Restructuring and Protect DIP Financing
7/2/2012
Next
FATCA: Summary of Key Developments
7/2/2012
Previous
California Supreme Court Rules That Witness Statements Obtained By Attorneys Are Work Product
7/2/2012
Next
Seventh Circuit Takes Broad View Of FTAIA
6/29/2012
Previous
U.S. Supreme Court Upholds Most of the Healthcare Reform Law
6/29/2012
Next
Supreme Court Upholds the Constitutionality of Affordable Care Acts Individual Mandate: Implications for Employers and Group Health Plan Sponsors
6/28/2012
Previous
OFAC Settlement Highlights Importance of Proactive Compliance Monitoring
6/27/2012
Next
Antitrust and Competition Outlook
6/27/2012
Previous
SEC Finalizes Rule for Compensation Committee Listing Standards and Compensation Consultant Conflicts
6/27/2012
Next
Auer
Deference Significantly Curtailed in Supreme Courts Ruling That Pharmaceutical Sales Representatives Are Exempt Outside Sales People Under FLSA
6/26/2012
Previous
D.C. Circuit Upholds Quartet Of EPA Greenhouse Gas Regulations
6/26/2012
Next
IRS Rules that Interest in a Money Market Fund is a Cash Item for REITS
6/25/2012
Previous
Federal Circuit: Objective Prong Of The Willful Infringement Test Is A Question Of Law
6/19/2012
Next
Heightened Enforcement Environment Signals Increased Use of Economic Espionage Act
6/19/2012
Previous
Staying in Front of Shareholder Litigation Challenges to Executive Compensation: The Corporate Governance Advisor
6/14/2012
Next
Dodd-Frank's Say on Pay Rules Pose Triple Threat to Directors:
American Banker
6/12/2012
Previous
CFPB Procedural Rule Highlights Breadth and Scope of Agencys Nonbank Supervision Program
6/11/2012
Next
China's Supreme Court Issues Its First Judicial Interpretations on Anti-Monopoly Law Suits
6/6/2012
Previous
Court Rules Business as Usual Method of Evaluating GHG Impacts Under CEQA Was Unlawful Where Baseline Reflected Hypothetical
6/5/2012
Next
United States Supreme Court Affirms Secured Lenders Right to Credit Bid Pursuant to Plan of Reorganization
5/29/2012
Previous
Access Versus Use:
Nosal
Decision Creates Circuit Split
5/25/2012
Next
Georgias Newly Minted Merchant Acquirer Limited Purpose Bank Charter Presents Potential Opportunities...and Risks
5/24/2012
Previous
Generic Drug Manufacturers May Be Liable For Patent Infringement Under 35 U.S.C. § 271(e)(2)(A) In The Absence Of Paragraph IV Certification
5/22/2012
Next
Eleventh Circuit in TOUSA Reinstates Bankruptcy Court Ruling
5/21/2012
Previous
The Safe Cosmetics Act of 2011 (H.R. 2359): Implications for the Cosmetics Industry
5/18/2012
Next
Federal Banking Agencies Propose New Guidance on Leveraged Finance
5/15/2012
Previous
The U.S. Supreme Court Rejects a Broad Tolling Approach To the Statute of Limitations for Section 16(b) Claims
5/14/2012
Next
Chancellor Strine Discusses Investment Banker Conflict Issues at New York Breakfast
5/14/2012
Previous
China Matters: CIETAC Announces Key Changes to Arbitration Rules
5/14/2012
Next
Fed Gives Green Light for Controlling Investments in U.S. Banks By Mainland Chinese Entities
5/11/2012
Previous
Quarterly FCPA Report: First Quarter 2012
5/8/2012
Next
Notice of Inquiry on FERC Policy for Access to Interconnection Facilities
5/8/2012
Previous
Lawmakers Defending Password-Protected Employee Accounts: Employers Need to Proceed Smartly
5/4/2012
Next
Accessibility Requirements Update DOJ Now Enforcing New ADA Title III Standards for Public Accommodations
5/3/2012
Previous
Changing Securities Litigation Landscape Poses New Challenges for Public Companies
4/27/2012
Next
In re Pacific Pictures Corp.: Ninth Circuit Rejects Selective Waiver of Attorney-Client Privilege
4/25/2012
Previous
JOBS Act Will Simplify IPO Process and Private Capital Raising
4/23/2012
Next
For Now, No Notice Required: D.C. Circuit Enjoins NLRB Notice Posting Requirement
4/23/2012
Previous
UK Binding Say on Pay - a Proposal Worth Critiquing
4/18/2012
Next
Window For Estate Tax Savings May Be Closing
4/17/2012
Previous
Supreme Court Allows Generics to Challenge Orange Book Use Codes in Hatch-Waxman Litigation
4/17/2012
Next
A Win for Employers in Brinker: Meal Periods in California Need Not Be Ensured, or Furnished on a Rolling Five-Hour Basis
4/13/2012
Previous
ADEA Changes: EEOC Muddles the RFOA Defense to Disparate-Impact Age Bias Claims
4/12/2012
Next
Best Practices for Bridge Financing Lenders in California
4/9/2012
Previous
Controlling Stockholders May Face Liability if Found to have Acted in Coercive Manner in Exit Sale
4/9/2012
Next
Italy Brings Clarity to Foreign Takeover Rules in Strategic Sectors
4/6/2012
Previous
CMS Provides Additional Guidance for Medicare Shared Savings Program Accountable Care Organization Applicant
4/5/2012
Next
NLRB Yet Again Delays Posting of Required Poster
4/5/2012
Previous
Revised FINRA Rules Regarding Communications with the Public Adopted
4/4/2012
Next
The JOBS Act Loosens Private Fund Marketing Restrictions
4/4/2012
Previous
Third Circuit Limits Recoverable E-Discovery Costs
4/3/2012
Next
Demystifying the Recently Enacted Crowdfunding and Private Offering Reforms: Opportunities for Issuers and Investors
4/2/2012
Previous
Developments in California Cap-and-Trade Regulation
4/2/2012
Next
House and Senate Pass Bill Simplifying IPO Process and Private Capital Raising
4/2/2012
Previous
This Trend May Not Be Your Friend: Could Catalyst Paper Spawn a New Breed of Chapter 15 Cases for U.S. Debtors?
4/2/2012
Next
U.S. Supreme Court Rejects a Broad Tolling Approach to the Statue of Limitations for Section 16(b) Claims
3/30/2012
Previous
PTO's Proposed Rules for Supplemental Examination Draw Sharp Criticism
3/29/2012
Next
U.S. EPA Proposes CO2 Emissions Standard for New Power Plants
3/28/2012
Previous
Supreme Court Allows Immediate Challenges to Environmental Compliance Orders in Sackett v. EPA
3/27/2012
Next
Hedge Fund Report - Summary of Key Developments - Spring 2012
3/27/2012
Previous
SAFE Issues New Guidelines for Equity Incentive Plan Registration
3/27/2012
Next
M&A Practice Update: Lessons from the Eurozone Crisis
3/26/2012
Previous
Alert for Non-U.S. Issuers and Their U.S. Affiliates: Consider ASAP Notice to U.S. Employees re FATCA
3/26/2012
Next
Recent Developments in Leveraged Finance
3/20/2012
Previous
Supreme Court Unanimously Decides § 101 Question in Mayo v. Prometheus Method Claims That Do No More Than Recite Natural Laws Are Not Patentable
3/20/2012
Next
House Passes Bill Simplifying IPO Process and Private Capital Formation
3/19/2012
Previous
Tax Avoidance: Criminal Liability for a Foreign Companys Management
3/15/2012
Next
Recent IRS Guidance on Repeal of Bearer Bond Exception: Notice 2012-20
3/13/2012
Previous
California Creates Two New Types of Corporations: Understanding the Benefit Corporation and Flexible Purpose Corporation
3/12/2012
Next
NYSE Implements New Restrictions on Broker Discretionary Voting
3/7/2012
Previous
Repeal of Bearer Bond Exception Effective March 19, 2012
3/6/2012
Next
Defendants Clinical Trial Found to Constitute Invalidating Public Use of Asserted Patents
3/2/2012
Previous
CFPB Review of Overdraft Protection has Broad Implications for Banks
3/1/2012
Next
Employers Must Provide Group Health Plan Participants with a New Summary of Benefits and Coverage
3/1/2012
Previous
Real Estate Focus: China - China's Dual Housing Policy
3/1/2012
Next
Update on Whistleblowing in France
3/1/2012
Previous
Game Change for German Restructurings
2/29/2012
Next
Shared Services Essential to M&A:
Mergers & Acquisitions
2/29/2012
Previous
IRS Issues Proposed Regulations on the Foreign Account Tax Compliance Act
2/28/2012
Next
FDIC Updates Guidance on Payment Processor Relationships
2/27/2012
Previous
SEC Revises Qualified Client Dollar Thresholds for Investment Adviser Performance Fee Rule
2/27/2012
Next
CFPB Proposes Parameters for Jurisdiction of Larger Participants in Debt Collection and Consumer Reporting Markets
2/22/2012
Previous
Standing Requirements in California UCL Cases Brought in Federal Court in the Wake of Tobacco II and Kwikset
2/21/2012
Next
The Impact of Social Networks on Restrictive Covenants: Why Rapid Change Should Meet Rapid Improvement
2/17/2012
Previous
CFTC Adopts Final Rules Revising CPO and CTA Registration and Reporting Requirements: Significant Impacts for Mutual Funds and Private Investment Funds
2/16/2012
Next
Top Verdicts of 2011:
Marlo v. United Parcel Service and Related Cases
2/15/2012
Previous
The State of Delaware Becomes an Acceptable Jurisdiction
2/14/2012
Next
Loan Funds in Europe: UCITS and AIFMD in 2012
2/14/2012
Previous
UK Case Mabey & Johnson Ltd. Continues to Set Anti-Corruption Enforcement Precedent
2/10/2012
Next
At Last, Draft Biosimilars Guidance...Interchangeability, To Come?
2/10/2012
Previous
What UK Employers Need to Know: Staying Ahead in 2012
2/9/2012
Next
Delaware Court of Chancery Reaffirms Default Fiduciary Duties in the Limited Liability Company Context Absent Contractual Modifications
2/9/2012
Previous
Pricing Mechanisms: Locked Box vs Completion Accounts
2/8/2012
Next
Voom v. EchoStar First Department Analyzes When Duty to Preserve Evidence is Triggered
2/7/2012
Previous
UK Securities Law Update Cash Shell/SPAC regulatory developments
2/6/2012
Next
Recent UK Case Law In Relation To Earn-Outs
2/6/2012
Previous
Emerging Issues In Alien Tort Statute Litigation
2/6/2012
Next
Intellectual Property Outlook: Cases and Trends to Follow in 2012
2/6/2012
Previous
Pro Bono Begins with a Strong Foundation
2/6/2012
Next
2012 Revised (Higher) Hart-Scott-Rodino Act Thresholds
2/2/2012
Previous
Second Circuit Issues Two Key Enforcement Rulings
2/1/2012
Next
Corporate Governance - Executive Compensation:
ISS Offers Guidance on Its Updated Pay-for-Performance Methodology
2/1/2012
Previous
CFPBs First Final Rule Addresses International Remittance Transfers
1/31/2012
Next
IRS Issues Temporary and Proposed Regulations on the Treatment of Dividend Equivalent Payments
1/30/2012
Previous
Does Your Compliance Program Need a Check-Up?
1/27/2012
Next
The Coming Year for Broadcasting -
The Deal Pipeline
1/25/2012
Previous
U.S.: Injunctions in Aid of International Arbitration in Federal Courts
1/25/2012
Next
Your Health Plans Hidden Dangers: Litigation and Compliance Risks in the New Health Reform Environment
1/23/2012
Previous
CFPB Makes the Case for Supervisory Examination Privilege
1/19/2012
Next
NLRB Yet Again Delays Posting of Required Poster
1/17/2012
Previous
Labor Board Rules that Class Action Waivers in Arbitration Agreements Violate Rights of Employees to Engage in Concerted Activities
1/17/2012
Next
Real Estate and Distressed Debt Outlook 2012
1/16/2012
Previous
Reporting Organizational Actions Affecting Basis of Issued Securities
1/12/2012
Next
State's FCA Deemed Subpar -
The Recorder
1/11/2012
Previous
Quarterly FCPA Report: Fourth Quarter 2011
1/10/2012
Next
Mergers and Acquisitions Forecast 2012
1/9/2012
Previous
Ninth Circuit Addresses Emerging Issues in ATS Litigation
1/5/2012
Next
Federal Reserve Unveils Proposal on Dodd-Frank Enhanced Prudential Standards and Early Remediation Requirements
1/5/2012
Previous
Federal contractors may face new compliance burdens
1/5/2012
Next
Law Regarding Enforcement of Noncompetition Agreements in Illinois Expands in Line with New York Law
1/4/2012
Previous
Compliance with California Labor Code Section 2810.5 Notice Obligations
1/3/2012
Next
California Supreme Court Ruling Abolishes Redevelopment Agencies
1/3/2012
Previous
China Matters: MOFCOM Draft Rules on Prepaid Cards Underline Continued Government Focus on Popular Gift
1/2/2012
Next
Finding Fault With Fracking
1/1/2012
Previous
PH Quarterly - Q4 2011
1/1/2012
Next
California Supreme Court Clarifies the Administrative Exemption
An Analysis of Harris v. Superior Court of Los Angeles County
12/30/2011
Previous
SEC ADOPTS RULES MODIFYING THE NET WORTH STANDARD FOR ACCREDITED INVESTORS
12/28/2011
Next
More Challenges for Federal Contractors as OFCCP Turns its Focus to Employees with Disabilities
12/21/2011
Previous
Second Circuit Provides Guidance on the Nature of Disclosures That Will Avoid Liability for Market Manipulation
12/20/2011
Next
UK and German Tax Update
12/19/2011
Previous
SEC Enforcement Division completes most productive year in its history
12/19/2011
Next
Record DOJ Fraud Recoveries Underscore Need for Robust Corporate Compliance Programs
12/15/2011
Previous
California Transparency in Supply Chains Act of 2010
12/15/2011
Next
A Tale Of Two Bankruptcies
Law 360
12/15/2011
Previous
Temporary Estate, Gift And GST Tax Laws Provide Unprecedented Opportunities In 2012
12/14/2011
Next
A Tale of Two Bankruptcies: Colorado Court Rejects and New York Court Upholds Validity of Security Interests Associated with FCC Licenses
12/14/2011
Previous
2012 Resolutions: Ensure Proper Exempt Classification of Employees
12/13/2011
Next
What
Janus
Meant: The First Wave of Court Decisions Interpreting the Supreme Courts Ultimate Authority Test in Securities Cases
12/12/2011
Previous
Getting Executive Compensation Ready for 2012: Starting with ISS Guidelines
12/12/2011
Next
Reasonable Accommodation and Undue Hardship: A Delicate Balance
12/12/2011
Previous
SEC Charges Multiple Hedge Fund Managers with Fraud in Inquiry Targeting Suspicious Investment Returns
12/9/2011
Next
CFPB Initiates Inherited Regulations Streamlining Process
12/8/2011
Previous
CFPB Announces Early Warning Notice Process for Potential Enforcement Targets
12/5/2011
Next
Coach, Inc. Lists on the Hong Kong Stock Exchange: A Harbinger of Things to Come?
12/5/2011
Previous
China Matters: Strengthening Your Compliance Program in China through Employment Building Blocks - From Onboarding to Termination
12/1/2011
Next
Regulation LL and Recent Developments Under the Federal Reserve Boards Control Rules: Issues for All Holding Companies and Investors
11/30/2011
Previous
Amgen Punctuates Circuit Split: What Must Plaintiff Prove to Establish the Fraud-On-The-Market Presumption at Class Certification?
11/30/2011
Next
Federal Agencies Clarify Method of Determining Institutions Subject to CFPBS Supervision and Enforcement Jurisdiction
11/29/2011
Previous
THE EUROMONEY - EQUITY CAPITAL MARKETS HANDBOOK - 2012
France: More Transparency Better Governance
11/29/2011
Next
SEC and CFTC Adopt Private Fund Adviser Reporting Form
11/28/2011
Previous
China Matters: Proposed Changes to the Maternity Insurance System in the Peoples Republic of China
11/23/2011
Next
A Sign of Future Biosimilars Litigation?
11/21/2011
Previous
Using Trademarked Keywords on the Internet
11/21/2011
Next
Implications Of Cumulus-Citadel
Law 360
11/17/2011
Previous
Litigating Multidistrict Employment Actions After Dukes
11/14/2011
Next
New Listing Rules Amendments on Corporate Governance in Hong Kong
11/11/2011
Previous
New IRS Voluntary Worker Reclassification Program
11/10/2011
Next
Candor for Compensation Committees
Fourth Quarter 2011
Corporate Board Member
11/9/2011
Previous
The Volcker Rules Impact on Bridge Loans
11/8/2011
Next
Preliminary Observations Regarding Recent Changes to the UK Takeover Regime
11/7/2011
Previous
CFTCs New Whistleblower Office Opens for Business
11/7/2011
Next
Environmental Risk: 10 Myths
11/4/2011
Previous
Hedge Fund Report - Summary of Key Developments - Fall 2011
11/3/2011
Next
The Volcker Rule Proposal Many Questions, Few Answers
11/1/2011
Previous
GHN PERSPECTIVES: Hotel Loan Originations and Refinancings: 2005 vs. 2011
11/1/2011
Next
NLRB Adds Another Required Poster to Long List for Employers
10/31/2011
Previous
Going-Private Transactions
10/27/2011
Next
CMSs Final Rule on Accountable Care Organizations
10/27/2011
Previous
Obtaining Injunctions in Aid of Arbitration in United States Federal Courts: Addressing a Potential Threshold Jurisdictional Bar
10/27/2011
Next
Consultation Conclusions on Proposed Changes to Property Valuation Requirements for Listing Applications
10/26/2011
Previous
Full Qualified Small Business Stock Capital Gain and AMT Exclusions Set to Expire at Year-End
10/24/2011
Next
Workplace Bullying: A Global Issue
10/24/2011
Previous
How They Won It: Paul Hastings Saves Ex-Homestore CEO $1.3B
10/19/2011
Next
Domestic Welfare Trumps International Comity in Strongly Worded Price-Fixing Case
10/18/2011
Previous
Model Participant-Directed Defined Contribution Plan Investment/Expense Disclosure Package
10/17/2011
Next
New HKEx Guidance concerning prospectus to be issued within 3 months of end of the latest financial year
10/14/2011
Previous
Time to Reassess Audit and Compliance Priorities: The OIG Issues Its 2012 Work Plan
10/13/2011
Next
California Is At It Again: A Dozen New Laws Will Significantly Impact the States Employers
10/12/2011
Previous
Governor Signs Third CEQA Reform Bill
10/12/2011
Next
Job Applicant and Employee Credit Checks in California: Proceed With Caution
10/11/2011
Previous
Quarterly FCPA Report: Third Quarter 2011
10/11/2011
Next
Supreme Court to consider § 101 again: Prometheus returns
10/10/2011
Previous
Reductions in Force in Employment Law
10/10/2011
Next
PH Quarterly - Q3 2011
10/1/2011
Previous
Breaking the Glass Ceiling: Women in the Boardroom, 1st Ed.
10/1/2011
Next
China Matters: The New Social Insurance Law and Its Implementing Regulations Mandates Enrollment for Foreigners in China
9/30/2011
Previous
China Matters: New MOFCOM Rules on Evaluating the Concentration of Business Operators
9/29/2011
Next
Governor Signs CEQA Reform into Law
9/28/2011
Previous
China Matters: MOFCOM Issues New Rules on National Security Review
9/27/2011
Next
ON POINT: News and Insights from our Global Securities & Capital Markets Practice
9/19/2011
Previous
Cumulus/Citadel: Is 40% Market Concentration the Threshold for JSAs and Station Group Deals?
9/15/2011
Next
Corporate Liability Under the Alien Tort Statute
9/12/2011
Previous
ON POINT: News and Insights from our Mergers and Acquisitions Practice
9/12/2011
Next
NYSE and Nasdaq Propose Additional Listing Requirements for Reverse Merger Companies
9/9/2011
Previous
Senate Passes Patent Reform Bill Significant Changes to U.S. Patent System to Come
9/8/2011
Next
Recent Developments in English Contract Law
9/6/2011
Previous
How to Keep Ones Registered Trademark from Becoming a .XXX Domain Name
9/2/2011
Next
Stanford v Roche
decision requires greater diligence
8/31/2011
Previous
Bifurcated Discovery in Class Actions: An Effective Strategy To Prevent the Continuation of the Unmeritorious Lawsuit -
BNA - Class Action Litigation Report
8/26/2011
Next
The Basics of Garden Leave And Why Careful Tilling Is Needed
8/24/2011
Practice Areas
Anti-corruption and FCPA
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