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Cracking the FCPA Code: Interpreting Recent DOJ and SEC Enforcement and Messaging
Notwithstanding expectations of a shift in government enforcement priorities, after more than a decade, Foreign Corrupt Practices Act (FCPA) enforcement still shows no signs of slowing down. Indeed, the last two years each welcomed two new members to the list of 10 largest corporate enforcement matters: Total and Weatherford in 2013, and Alstom and Alcoa in 2014.
Despite increased corporate focus on anti-corruption generally and the FCPA specifically, the world is slow to change. Business norms in many high-risk jurisdictions and industries around the globe remain largely unaffected by the wave of anti-corruption enforcement. Further, as seen in the unfolding Petrobras scandal in Brazil, prosecutors and regulators outside the United States are now seizing the opportunity to initiate (rather than just participate in) U.S.-style investigations and resolutions. Finally, this vigorous global enforcement environment coincides with a period of high turnover in leadership at the Department of Justice (DOJ), including a new Attorney General (Loretta Lynch), Assistant Attorney General in charge of the Criminal Division (Leslie Caldwell), Chief of the Fraud Section (Andrew Weissmann), and Deputy Chief of the Fraud Section's FCPA unit (Patrick Stokes), among others. New leaders bring new perspectives, priorities and messages, and ' given the dearth of judicial oversight in FCPA enforcement ' it is critically important to understand what these new FCPA enforcers are saying about the future of FCPA enforcement.
Corporate Compliance Programs: An Increasingly Critical Factor in Charging Decisions
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.