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Anti-Corruption Enforcement in Korea: Is an Old Law Coming of Age?

Mark S. Cohen, Jonathan S. Abernethy and Soeun Nikole Lee of Cohen & Gresser write: The history of South Korea’s Foreign Bribery Prevention Act (FBPA) has been one of relative obscurity, with little enforcement activity and a total of just 10 convictions. However, given the increasing foreign bribery enforcement climate globally and the prospect that the recent criticism from Transparency International could spur Korea into more action, a closer look at the FBPA is timely and warranted.

Regulatory Uncertainty Remains in Energy Markets

Suedeen G. Kelly, Julia E. Sullivan and Steven F. Reich of Akin Gump Strauss Hauer & Feld write: Until the distinction between legitimate trading and market manipulation is better defined, and the limits on FERC jurisdiction are fully litigated, significant regulatory uncertainty—and the associated reputational and financial risks for trading companies—will remain.

Nonprofit Law Overhaul Changes the Landscape for N.Y. Charities

Coleen Friel Middleton, formerly of counsel, and Mark Thomas, a partner, at Wilson Elser Moskowitz Edelman & Dicker, examine the key provisions of the NRA that address governance issues; namely, audit oversight, related-party transactions, conflict of interest policy, whistleblower policy, authorizations of real property transactions and approvals of substantial transactions.

Staying in Bounds: College Athletics Pose Compliance Hurdles

Jeremy H. Temkin and Gates S. Hurand of Morvillo Abramowitz Grand Iason & Anello write: While intercollegiate athletics are an important part of the college community, they are also big business. Each year, college sports generate billions of dollars in revenues for the NCAA and its member institutions. As with other business organizations, the enormous revenues generated through athletic programs create pressure to win and, with that pressure, temptation to engage in conduct inconsistent with universities’ institutional mission and the rules of the NCAA.