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Consequences for FCPA Compliance
Part One of a Two-Part Article
We all know by now that the Sarbanes-Oxley legislation was designed to strengthen corporate governance of publicly traded companies in the wake of Enron and other corporate accounting and fraud scandals of recent years. Its focus was principally on domestic corporate conduct. However, in just the short time since its enactment in 2002, the Act has begun to have a profound impact on other areas of corporate compliance and risk management as well. One of these is the U.S. Foreign Corrupt Practices Act (FCPA). See Pub. L. No. 95-213, 91 Stat. 1494 (1977); as amended by Pub. L. No. 100-418, 102 Stat. 1107 (1988), Pub. L. No. 105-366, 112 Stat. 3302 (1998); codified at 15 U.S.C. ” 78m, 78dd-1 et seq.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.