New York Law Journal | Commentary|Expert Opinion
By Howard S. Master | October 7, 2024
Author Summary: The government's categorical refusal to recognize an economic extortion defense to liability under the Foreign Corrupt Practices Act (FCPA) lacks legal support and is unsound policy, particularly after the passage of the Foreign Extortion Prevention Act (FEPA) and the rise of foreign autocracies. Businesses faced with threats of serious economic harm abroad should develop a record supporting extortion claims. The federal government should recognize those claims to avoid punishing victims of illegal foreign corruption. It can do so without diminishing the FPCA's ability to combat foreign corruption's harms.
By Maria Dinzeo | September 11, 2024
The Securities and Exchange Commission said that in the three years after Deere bought Wirtgen Thailand, the unit plied government officials with cash, massage parlor visits and lavish sightseeing trips to Europe. regulator found Illinois-based John Deere failed to integrate Wirtgen Thailand, a former German outfit into its existing compliance and controls environment after acquiring Wirtgen Group in 2017, resulting in "bribery schemes going unchecked for several years," the SEC's FCPA division enforcement chief Charles Cain said in a statement. "This action is a reminder for corporations to promptly ensure newly acquired subsidiaries have all the necessary internal accounting control processes in place."
By Charles A. DeMonaco and Jana Volante Walshak | July 23, 2024
The importance of conducting an internal investigation and the factors and ethical considerations your organization should consider.
New York Law Journal | Analysis
By Christopher T. Zona | July 5, 2024
For those who advise clients on matters relating to cross-border compliance, the Foreign Corrupt Practices Act has been the primary federal anti-bribery law since 1977. That was until 2023, when President Biden signed into law the Foreign Extortion Prevention Act. In doing so, the federal government filled a longstanding gap that was unaddressed: the "demand side" of foreign bribery and corruption.
By Chris O'Malley | July 1, 2024
"Could there be certain employees who choose not to report internally because they have a prospect of a whistleblower award at DOJ--yes," said Steve Fagell, a Covington & Burling partner.
By Patrick Smith | May 15, 2024
ALM litigation reporter Emily Saul gets us up to date on the happenings at the first Trump criminal trial, including reaction to testimony from Michael Cohen and the bizarre behavior of several Republican politicians.
By Riley Brennan | May 2, 2024
"Since Oct. 7, our country has witnessed a shocking rise in anti-Semitism, verbal and physical threats against Jews on our campuses and in our streets, vandalism, blockades, economic disruption, illegal encampments, and hostile takeovers of academic buildings—largely and concertedly directed by Hamas and its collaborators, American Muslims for Palestine and National Students for Justice in Palestine," said Scott J. Bornstein, senior vice president of Greenberg Traurig.
New York Law Journal | Analysis
By Mayling Blanco, Katey Fardelmann and Lucy Hoffman | April 9, 2024
This article discusses the recently enacted Foreign Extortion Prevention Act, which—unlike the Foreign Corrupt Practices Act—focuses on the demand-side of bribe payments. But will FEPA also create more potential exposure for U.S. entities? What should U.S. companies do today to prepare?
By Maria Dinzeo | March 1, 2024
"It's nebulous, and the more nebulous it gets, the more harm it's doing because it's not popular. And if you make it mean everything, then it means nothing," said Omeed Malik, president of the investment firm 1789 Partners.
By Amanda O'Brien | February 27, 2024
Partners Bradley Henry and Kathleen Shannon lead the team, which is divided between New York and Washington.
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