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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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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.