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Expanding Your Business in an Emerging Market?
There's no question that businesses are looking for every competitive advantage they can find these days. From seeking to expand the customer base to lowering production costs, management is always mindful of the bottom line. Consequently, expanding to emerging markets and all the potential they hold has become increasingly attractive for many companies. With these opportunities, of course, come challenges, particularly the concern about escalating compliance and integrity-related risks. In fact, executives are not confident that their companies have effective processes in place to identify and manage these risks when making investments or engaging third parties in emerging markets.
These are some of the key findings of Deloitte Financial Advisory Services LLP's fifth annual Look Before You Leap survey, which solicited the views of 126 business executives on the approaches their companies are taking to address compliance and integrity-related risks in emerging markets. Survey participants represented a wide range of industries including financial services (29%), manufacturing (25%), and information technology and telecommunications (12%). Roughly 75% of participating companies were headquartered in the United States, with other companies headquartered in Canada, Europe, Asia and Latin America.
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.