SEC Tries to Write 'Facilitating Payments' Exception Out of FCPA
January 31, 2015
Recently, a lawsuit brought by the SEC alleging FCPA violations against two individuals related to a global oil and gas drilling services company nearly went to trial in federal court in Texas. As one of the only civil FCPA cases to proceed to that stage of litigation, the case provided unique insights into the SEC's interpretation of key provisions of the FCPA.
When Your Data Goes Viral: Insurance for Data Breaches
December 31, 2014
This article explains the traditional insurance products that may provide a policyholder with insurance coverage for data breaches, and some of the newer products available to policyholders for these risks.
When Your Data Goes Viral: Insurance for Data Breaches
December 31, 2014
Data breaches are part of the technological age. Indeed, 2013 was dubbed the year of the "mega breach," and in 2014, as of October, there had been 621 publicly reported data breaches, exposing 77,890,487 records. In early October 2014, JPMorgan Chase reported a data breach affecting as many as 76 million households and 7 million small businesses, making it one of the largest data breaches ever reported.
Recent Developments In Restitution Law
December 31, 2014
The Supreme Court, recently settled an important question on the valuation of loan collateral and, at the opposite end of the complexity spectrum, it addressed restitution under the Violence Against Women Act for possession of child pornography, generating multiple dissents, and offering at least a flavor of how the justices might be inclined to approach the general restitution statutes.
The Territorial Barrier To Commodity Exchange Act Suits
December 31, 2014
While judicial ink has long been spilled on the extraterritoriality of the securities laws, growing attention is being paid to the overseas reach of the antifraud provisions of the Commodity Exchange Act (CEA).
In the Courts
December 31, 2014
In-depth discussion of a case in which investors won a Madoff 'fictitious profits' appeal.
Global Corruption Enforcement
November 30, 2014
Counsel, directors and managers of multinational companies that have corporate compliance programs and codes of conduct in place may think the company has done all it can to reduce the risks posed by potential corrupt employee actions. But these things may not go far enough.
