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Features
Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.
Features
Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal.
Features
There is no one-size-fits-all approach to due diligence, but some methods are significantly cheaper and more aligned to the business than others.
Features
In 2017, two cases illustrated that Delaware courts continue to impose exacting pleading burdens on <i>Caremark</i> claims, especially when plaintiffs say that they are excused from making a demand on the board before suing derivatively.
Columns & Departments
Discussion of two significant rulings.
Features
<b><I>What Can We Tell So Far?</I></b><p>How can companies plan for enforcement under the Trump administration? Here are five areas of compliance to consider.
Analysis of a case in which a German national admitted to taking part in a 2001 to 2004 scheme to pay roughly $3 million in bribes to Haitian officials in return for favorable treatment from Teleco, a state-owned telecommunications company.
Features
There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance.” But after the first five months of his presidency, there are still questions about where enforcement is heading in specific compliance areas.
Features
<b><I>Part Two of a Two-Part Article </I></b><p>As the penalties being extracted by the United States from multinational corporations for violations of anti-corruption statutes have skyrocketed in recent years, an increasing number of other countries have begun to pass or enhance their own laws prohibiting, among other things, bribery of foreign officials, and have increased the financial penalties applicable to businesses that violate those laws.
Features
Weighing the risks of self-reporting a bribery violation or hiding it has always been a thorny issue for companies. And that's the dilemma at the heart of the DOJ's pilot program for violations of the FCP). While the one-year program has made companies a little more trusting of prosecutors, the decision to self-report a foreign bribe is no less gut-wrenching, according to FCPA lawyers.