On May 11, 2018, the federal bank regulators and the Financial Crimes Enforcement Network ("FinCEN") published two new chapters of the Federal Financial Institution Examination Council Bank Secrecy Act/Anti-Money Laundering Examination Manual ("BSA/AML Manual") to reflect changes made by FinCEN to the CDD regulation.
Client Alert | June 14, 2018
International M&A increasingly implicates the U.S. Foreign Corrupt Practices Act (FCPA) and other anti-bribery laws, which are proliferating in major economies around the world.
Webcasts | May 10, 2018
On May 8, 2018, President Donald Trump announced his decision to abandon the 2015 Iran nuclear deal—the Joint Comprehensive Plan of Action (the "JCPOA")—and re-impose U.S.
Client Alert | May 9, 2018
On April 3, 2018, FinCEN issued its long-awaited Frequently Asked Questions Regarding Customer Due Diligence Requirements for Financial Institutions, FIN-2018-G001.
Client Alert | April 23, 2018
In 2017, several Latin American countries stepped up enforcement and legislative efforts to address corruption in the region. Enforcement activity regarding alleged bribery schemes involving construction conglomerate Odebrecht rippled across Latin America's business and political environments during the year, with allegations stemming from Brazil's ongoing Operation Car Wash investigation leading to prosecutions in neighboring countries.
Client Alert | March 15, 2018
In this webcast, a panel reviews key regulatory and corporate governance developments in 2017 and offers valuable insight on how to address challenges forecasted for 2018.
Webcasts | January 24, 2018
Corruption was a defining characteristic of a roller-coaster 2017, with landmark Foreign Corrupt Practices Act (“FCPA”) enforcement actions, the passage of historic anti-bribery legislation in key markets, and sustained grassroots anti-corruption movements threatening to upend established political orders.
Publications | January 9, 2018
When President Jimmy Carter signed the Foreign Corrupt Practices Act ("FCPA") into law on December 19, 1977, not many predicted the dramatic impact this singular U.S.
Client Alert | January 2, 2018
Washington, D.C. partner Patrick Stokes and Orange County associate Zachariah Lloyd are the authors of "40 Years Of FCPA: Cross-Border Efforts And Growing Risk," [PDF] published by Law360 on December 12, 2017.
Article | December 12, 2017
On Tuesday, December 5, 2017, the EU announced its long-awaited list of seventeen "non-cooperative" tax jurisdictions (the "Black List") and identified a further 47 jurisdictions with whom discussions about tax reform are ongoing (the "Grey List").
Client Alert | December 7, 2017
Denver partners Robert Blume and John Partridge and associate Tafari Lumumba are the authors of "Potential FCPA Liability for Third-Party Conduct," [PDF] published in Thomson Reuters' Practical Law on November 17, 2017.
Article | November 17, 2017
I. Introduction The UK Criminal Finances Act 2017 (the CFA) became law on 27 April 2017. On 30 September Part 3 of the CFA, which creates two new corporate criminal offences, will come into force.
Client Alert | September 29, 2017
Gibson Dunn provides a comprehensive overview of the state of play in white collar crime enforcement activity in the United Kingdom as of July 2017.
Client Alert | July 18, 2017
These are uncertain times and the subject of continuing enforcement of the Foreign Corrupt Practices Act ("FCPA") is certainly not immune from question as a new administration takes the reins of the U.S.
Client Alert | July 10, 2017
Mexico's new General Law of Administrative Responsibility ("GLAR") takes effect on July 19, 2017. The GLAR establishes administrative penalties for improper payments to government officials, bid rigging in public procurement processes, the use of undue influence, and other corrupt acts. The law reinforces a series of Mexican legal reforms from 2016 that expanded the scope of the country's existing anti-corruption laws and created a new anti-corruption enforcement regime encompassing all three levels of government (federal, state, and municipal). Among the GLAR's most significant changes are provisions that target corrupt activities by corporate entities and create incentives for companies to implement compliance programs to avoid or minimize corporate li
Client Alert | June 22, 2017
Munich partner Benno Schwarz and associates Jutta Wiedemann and Lukas Inhoffen are the authors of "Regional Risk Spotlight: Recent Developments in German Anti-Corruption Law," [PDF] published in Volume 6, Number 6 of The FCPA Report on March 29, 2017.
Article | March 29, 2017
El 2016 fue un año que sentó precedentes en cuanto a la Ley de Prácticas Corruptas en el Extranjero (“FCPA”, por sus siglas en inglés). Después de varios años manteniendo cifras constantes de aplicación de la ley, el Departamento de Justicia, (“DOJ”, por sus siglas en inglés) y la Comisión de Bolsa y Valores (“SEC”, por sus siglas en inglés) presentaron lo que probablemente es el año de aplicación de la ley más significativo en los 39 años de historia de dicha normativa.
Client Alert | March 20, 2017
Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017, Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.
Client Alert | March 7, 2017
Despite a net fall in the global M&A activity in 2016 (the total deal value amounted last year to US$ 3.7tn, down 16 % compared to 2015), French M&A market has been supported by a few domestic deals while the level of in-bound investments has dramatically dropped.
Client Alert | February 21, 2017
On Monday, January 30, 2017, Gibson Dunn issued a client alert regarding President Trump's January 27 Executive Order restricting entry into the United States for individuals from certain nations, and making other immigration-related policy changes.
Client Alert | February 10, 2017
Less than 48 hours after President Donald J.
Client Alert | February 3, 2017
On Monday, January 30, 2017, Gibson Dunn issued a client alert regarding President Trump's January 27 Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.
Client Alert | February 1, 2017
On January 27, 2017, President Trump issued an Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States."
Client Alert | January 30, 2017
Topics to be discussed include: Global Enforcement and Regulatory Developments The Impact of the Election on Enforcement and Regulation Key Tips for Identifying and Addressing Top Areas of Compliance Risk
Webcasts | January 25, 2017
Over the last eight years, the German economic recovery seemed very robust to any sort of political and financial turbulences occurring in the EU and world-wide.
Client Alert | January 13, 2017
The year 2016 has been another of continuing developments in the UK's white collar sector. These have ranged from the Competition and Markets Authority's largest ever fine, to the UK's second deferred prosecution agreement, to the continuing enforcement efforts of the Serious Fraud Office ("SFO"), National Crime Agency ("NCA") and the Financial Conduct Authority ("FCA"), as well as of a myriad range of other enforcement bodies.
Client Alert | January 11, 2017
2016 was characterized by monumental political and economic changes, and the world's emerging markets were not spared from the effects of the ongoing global transformation.
Webcasts | January 10, 2017
2016 was a precedent-setting year for the Foreign Corrupt Practices Act ("FCPA"). After several years of consistent enforcement numbers, the Department of Justice ("DOJ") and Securities and Exchange Commission ("SEC") produced what arguably is the most significant year of enforcement in the statute's 39-year history.
Client Alert | January 3, 2017
On November 8, 2016, the French Parliament adopted a new major statute on transparency, the fight against corruption and the modernization of the economy, better known as the "Sapin 2 Law", by reference to the first Sapin Law of 1993 which improved transparency in politics and public procurements.With this new statute, broadly inspired by the US and UK regimes, France intends to comply with the highest international standards in the areas of transparency and anti-corruption.
Client Alert | November 10, 2016
Munich partner Mark Zimmer is the author of "Neue Korruptionsrisiken im Auslandseinsatz" [PDF] published in the September 2016 issue of the German publication BWV (Bundesverwehrverwaltung).
Article | September 30, 2016
This alert follows on from our inaugural 2015 Year End UK White Collar Crime Update. The continuing pace of development, enforcement and change has encouraged us to produce this update on a bi-annual basis.
Client Alert | September 22, 2016
Denver partner John D.W. Partridge, Washington, D.C. partner Daniel Chung and Denver associate Micah Sucherman are the authors of "Evaluating U.S. Fraud and Abuse Compliance Controls, Including Corporate Integrity Agreement Provisions, for a Global Anti-Corruption Compliance Program" [PDF].
Article | August 1, 2016
Despite substantial judicial and public scrutiny, non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA") have retained their prominence as vehicles to resolve complicated corporate investigations, particularly for companies operating in regulatory environments.
Client Alert | July 6, 2016
The U.S.
Client Alert | July 6, 2016
From the pilot program to the Panama Papers, the first six months of 2016 brought with them a number of important anti-corruption-related developments, including a reinvigorated level of enforcement under the U.S.
Client Alert | July 5, 2016
On May 17, 2016, the Obama Administration announced a continuation of its easing of sanctions on Myanmar. Since the first round of relief was issued in 2013, the United States has consistently held that more relief was possible if Myanmar continued on its path towards democratization.
Client Alert | May 20, 2016
Los Angeles partner Debra Wong Yang, San Francisco partner Michael Li-Ming Wong and Palo Alto associate Wesley Sze are the authors of "FCPA Program Continues Focus on Individuals" [PDF] published on April 26, 2016 by Daily Journal.
Article | April 26, 2016
As the world's economy is increasingly beset by uncertainty and political instability, current economic powerhouses are showing signs of slowing, while other countries wait in the wings to take their place.
Webcasts | March 8, 2016
Washington, D.C. partners F. Joseph Warin, John W.F. Chesley and associate Stephanie Connor are the authors of "Six Trends in 2015 FCPA Enforcement" [PDF] published in the February 2016 issue of Wall Street Lawyer.
Article | February 1, 2016
The rise of international enforcement efforts and sanctions, the intensifying impact of cyber breaches, the evolution of shareholder activism, and the growing complexity of regulatory requirements are all examples of the expansive array of challenges facing today's compliance professionals.
Webcasts | January 20, 2016
As we kick off our second decade of updates on the state of play in international anti-corruption enforcement, the stakes for multinational companies have never been higher.
Client Alert | January 4, 2016
Los Angeles partner Michael Farhang is featured in "Regional Risk Spotlight: Michael Farhang of Gibson Dunn Discusses Colombia's Troubled Corruption History and Recent Reforms" [PDF] published on December 16, 2015 by The FCPA Report.
Article | December 16, 2015
UK SFO enters into its first DPA and unveils its first enforcement of the corporate offence of failure to prevent bribery In a judgment of November 30, 2015 in Serious Fraud Office v Standard Bank Plc: Deferred Prosecution Agreement (Case No: U20150854), the Crown Court has approved the United Kingdom's first deferred prosecution agreement (the "Standard Bank DPA") under the regime for DPAs brought into effect in the UK by section 45 and Schedule 17 of the Crime and Courts Act 2013.
Client Alert | December 3, 2015
New York partner Joel Cohen and associate Daniel Harris are the authors of "Coerced Corporate Social Responsibility and the FCPA" [PDF] that appeared in the 2016 edition of The International Comparative Legal Guide to: Business Crime; published by Global Legal Group Ltd, London.
Article | October 21, 2015
On September 9, 2015, the Department of Justice ("DOJ") issued a new policy memorandum, signed by Deputy Attorney General Sally Yates, regarding the prosecution of individuals in corporate fraud cases--"Individual Accountability for Corporate Wrongdoing" ("the Yates Memorandum").
Client Alert | September 11, 2015
Washington, D.C. partners F. Joseph Warin, John W.F. Chesley and associate Stephanie Connor are authors of "2015 Mid-Year FCPA Update (Part 2)" published on August 31, 2015 by Westlaw Journal's Government Contract. The article is the second installment of a two-part series providing an overview of the FCPA as well as domestic anti-corruption enforcement, litigation, and policy developments in the first half of 2015
Article | August 31, 2015
Washington, D.C. partners F. Joseph Warin, John W.F. Chesley and associate Stephanie Connor are authors of "2015 Mid-Year FCPA Update (Part 1)" published on August 17, 2015 by Westlaw Journal's Government Contract. The article is the first installment of a two-part series providing an overview of the FCPA as well as domestic anti-corruption enforcement, litigation, and policy developments in the first half of 2015.
Article | August 17, 2015
Although a country's criminal laws typically apply to entities and individuals within that country, the long arm of US anti-corruption legislation can apply to non-U.S.
Client Alert | July 7, 2015
For years, U.S. regulators have been encouraging their foreign counterparts to pick up the mantle of international bribery enforcement and more evenly distribute the balance of prosecutions. With 2015 potentially shaping up to be a year in which transnational bribery prosecutions by foreign authorities match if not exceed U.S.-initiated actions under the Foreign Corrupt Practices Act ("FCPA"), it appears that their calls have been heeded. But the shifting balance between domestic and foreign regulators does not portend a lull for U.S.
Client Alert | July 6, 2015