Munich partner Benno Schwarz and associate Sebastian Lenze are authors of 'Doing something to counter the “angst”' [PDF] published in the Business Law Magazine.
Article | March 5, 2015
Washington, D.C. partners F. Joseph Warin, Michael Diamant and associate Melissa Farrar are authors of "2014 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements (Part 1)" published in the March 2015 issue of Westlaw Journal's White-Collar Crime. The article is the first installment of a two-part series discusses trends in deferred prosecution agreements and non-prosecution agreements in 2014.
Article | March 2, 2015
Munich partner Benno Schwarz and research assistant Nikita Malevanny are authors of “Country Report Russia” [PDF] published in the March 2015 issue of the German Compliance-Berater.
Client Alert | March 2, 2015
2014 was a watershed year for transnational litigation in United States courts. Rulings by the United States Supreme Court and several United States courts of appeals dramatically reshaped the circumstances under which foreign defendants are subject to general personal jurisdiction, further developed the standards for extraterritorial application of United States laws, and provided important guidance on the scope of sovereign immunity and application of the Foreign Sovereign Immunities Act ("FSIA") to commercial disputes.
Client Alert | February 27, 2015
According to the most recent data released by the International Monetary Fund, China now ranks as the world’s largest economy in terms of purchasing-power-parity.
Webcasts | February 3, 2015
The extraordinary events of the past year, from international cybersecurity breaches to significant economic and trade sanction developments, emphasize the expansive array of challenges facing today’s compliance professionals.
Webcasts | January 27, 2015
The past year marked the 25th anniversary of the fall of the Berlin Wall and probably the end of a European dream to continue to entertain smooth and peaceful cooperation with Russia.
Client Alert | January 9, 2015
Gibson Dunn provides a summary overview of criminal antitrust enforcement in 2014 and a discussion of the trends we see from that activity during 2015.
Client Alert | January 8, 2015
In this alert, Gibson Dunn lawyers describe five trends in FCPA enforcement they observed between 2005 and 2015.
Client Alert | January 5, 2015
Washington, D.C. partner Michael Diamant is the author of “Learning the Hard Way: Ethics and Compliance Program Lessons Gleaned From Recent U.S. Resolution Agreements” [PDF] published in the August 8, 2014 issue of Bloomberg BNA’s Corporate Law & Accountability Report. Reproduced with permission from Corporate Accountability Report, 12 CARE 32, 08/08/2014.
Client Alert | August 8, 2014
This week's landmark decision taken by the Munich regional court (Landgericht München I) in the bribery trial against Bernie Ecclestone not only marked the end of a three-year-long investigation but also delivered a new USD 100 million record settlement in an individual criminal proceeding.
Client Alert | August 7, 2014
Los Angeles partner Michael Farhang is the author of “White-Collar Enforcement’s ‘Compliance Effect’” [PDF] published in the July 23, 2014 issue of the Daily Journal.
Client Alert | July 23, 2014
Aggressive cross-border anti-corruption enforcement continued during the first half of 2014, as U.S. and foreign prosecutors pursued companies, individuals, and public officials across the globe for all manner of corruption-related offences.
Client Alert | July 7, 2014
Washington, D.C. partner F. Joseph Warin, of counsel Daniel Chung and associate Melissa Farrar are the authors of “Renewing the Call for Compliance Defence to the Foreign Corrupt Practices Act” [PDF] published in the July-September issue of Corporate Disputes magazine.
Client Alert | July 1, 2014
Los Angeles partner Debra Wong Yang and associate Poonam Kumar are the authors of "A first-of-its-kind ruling on the FCPA" [PDF] published in the May 23, 2014 issue of the Daily Journal.
Client Alert | May 23, 2014
On April 15, 2014, the European Parliament adopted the Directive on Disclosure of Non-Financial and Diversity Information by Certain Large Companies and Groups (the "Directive").
Client Alert | April 29, 2014
London associate Mark Handley is the author of "From Kick-off to Kick-back: the latest Bribery Act prosecutions" published by The Lawyer on April 9, 2014.
Client Alert | April 9, 2014
The Middle East and African countries have experienced robust economic growth in recent years. China and India continue to attract significant foreign investments despite the global economic downturn.
Webcasts | March 26, 2014
On March 4, 2014, Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York entered judgment for plaintiff Chevron in Chevron Corp.
Client Alert | March 5, 2014
During this complimentary briefing, Gibson Dunn lawyers, joined by Rob Borden, Director of Oversight for House Majority Leader Eric Cantor, discuss the unique features of Congressional and other legislative branch investigations and where Congress is likely to focus its investigative and oversight resources in the second session of the 113th Congress and beyond.
Webcasts | February 5, 2014
The Middle East and African countries have experienced robust economic growth in recent years. China, India, and Russia continue to attract significant foreign investments despite the global economic downturn.
Webcasts | January 13, 2014
2013 marked another year of vigorous international anti-corruption enforcement. Gibson Dunn provides a comprehensive look at developments and trends.
Client Alert | January 6, 2014
New York partner Lee Dunst is the author of "Avoiding and Navigating Compliance Monitorships" [PDF] published in the September 2013 issue of the Newsletter of the Anti-Corruption Committee of the Legal Practice Division of the International Bar Association.
Client Alert | August 30, 2013
Effective June 30, 2013, the German Administrative Offences Act ("OWiG") was considerably sharpened. Its changes were part of the most recent Amendment of the German Act against Restraints of Competition (on the anti-trust aspects see our Alert, "8th Amendment of the Act Against Restraints of Competition in Germany". The changes substantially increase the scope of liability of corporations for typical compliance violations that have been committed by the corporation's employees (e.g.
Client Alert | July 9, 2013
Significant FCPA developments continued apace during the first six months of 2013. After a relative downtick in 2012, the first half of 2013 saw criminal enforcement of the statute return to the robust levels of recent years. With approximately 60 devoted prosecutors and enforcement attorneys, whose efforts are frequently supplemented by their colleagues in the U.S.
Client Alert | July 8, 2013
In the past two weeks, Judges Richard J. Sullivan and Shira A. Scheindlin of the United States District Court for the Southern District of New York separately issued important rulings in civil Foreign Corrupt Practices Act ("FCPA") cases against foreign executives of non-U.S.-based companies whose stock is traded on a U.S.
Client Alert | February 28, 2013
Washington, D.C. partner F. Joseph Warin, and associates John Chesley and Stephanie Connor are the authors of “FCPA Enforcement Trends” [PDF] published in the February 28, 2013 issue of Director Notes.
Client Alert | February 28, 2013
Washington, D.C. partner F. Joseph Warin is co-author of “The Global Reach of American Criminal Law” [PDF] written in February 2013.
Client Alert | February 25, 2013
The whispers have begun. By comparison to the blistering pace set in recent years, FCPA prosecutions were down in 2012 (though still far higher than in any of the first 30 of the statute's 35-year existence).
Client Alert | January 2, 2013
Los Angeles partner Debra Wong Yang, Palo Alto associate Susannah Stroud Wright, and Los Angeles associates Poonam Kumar and Rachel Perahia are the authors of “Learning to Live with FCPA” [PDF] published in the November 26, 2012 issue of the Daily Journal.
Article | November 26, 2012
Yesterday's Press has variously reported the 9 October 2012 announcement by the SFO of revisions to its published guidance relating to facilitation payments, corporate hospitality and self-reporting under titles such as "SFO toughens stance on bribery", "Companies face bribery crackdown after new SFO rules" and "UK fraud buster tells firms no more cosy chats".
Client Alert | October 11, 2012
London associate Mark Handley is the author of “Anti-corruption due diligence in M&A – the role of POCA” [PDF] published in the October 2012 issue of Financier Worldwide.
Client Alert | October 1, 2012
Joseph Warin and Jeremy Joseph of Gibson Dunn participate in Securities Docket's webcast, "FCPA and U.K.
Client Alert | September 28, 2012
London partner Patrick Doris and associate Mark Handley are the authors of "The Long Arm of the Bribery Act" [PDF] published in The Lawyer on July 30, 2012.
Client Alert | July 30, 2012
As the Foreign Corrupt Practices Act ("FCPA") turns 35 years old, the spike in enforcement activity that we first observed five years ago appears (at least for the moment) to be leveling off. Nevertheless, numerous developments this year bespeak a statute that is maturing rather than falling into obscurity: the first sustained pattern of trial activity; increasing "private attorney general" enforcement; and serious policy debates between industry, executive, and legislative interests leading up to much-anticipated statutory guidance from government regulators. The first half of 2012 was packed with important FCPA developments. This client update provides an overview of the FCPA and a survey of FCPA enforcement, litigation, and legislative develop
Client Alert | July 9, 2012
New York partner Joel Cohen and associate Anya Grossmann are the authors of "Foreign Corrupt Practices Act" [PDF] which appeared as Chapter 7 in The US Private Real Estate Fund Compliance Guide published by Private Equity International in June 2012.
Article | June 1, 2012
Washington, D.C. partner Michael Diamant and associate Jesenka Mrdjenovic are the authors of “Don’t You Forget About Me: The Continuing Viability of the FCPA’s Facilitating Payments Exception” [PDF] published in Volume 73 of the Ohio St.
Article | May 31, 2012
Palo Alto partner George Brown, Los Angeles partner Debra Wong Yang, and San Francisco associate Matthew Kahn are the authors of "Strategies for Mitigating Civil Liability Consequences of FCPA Investigations & Enforcement Actions" [PDF] published in the April 2012 issue of Thomson Reuters' Securities Litigation Report.
Client Alert | April 30, 2012
Washington, D.C. partner Michael Diamant and associate Brendon Fleming are the authors of "FCPA + Travel Act: Double trouble?" [PDF] published by CNBC Moneycontrol on April 3, 2012. It was written for CNBC TV18's show The Firm.
Client Alert | April 3, 2012
2011 marked yet another dynamic year for the Foreign Corrupt Practices Act ("FCPA"), including numerous significant enforcement actions, more trials than in any other year in the history of the statute, and a growing public debate about the policy ramifications of a U.S.-dominated international anti-corruption enforcement field. Those close to the statute can feel the unmatched pace at which the 34-year-old law is now developing. With more litigated decisions, more bills pending in Congress, and more interplay between the FCPA and other international laws prohibiting cross-border bribery, there is a growing sense of urgency amongst FCPA practitioners as to the direction the statute will take in the coming years. Perhaps sensing these dynamics, Assistant Attorney
Client Alert | January 3, 2012
Enforcement of the Foreign Corrupt Practices Act has grown exponentially in recent years, and shows no signs of abating. The DOJ and SEC, the U.S.
Client Alert | September 21, 2011
For years now, we have been documenting the unprecedented surge of anti-corruption enforcement activity by the two regulators charged with enforcing the Foreign Corrupt Practices Act ("FCPA")--the U.S.
Client Alert | July 11, 2011
Compliance monitorships are frequently a condition of settling corporate criminal prosecutions with federal authorities. In particular, the U.S. government has used monitorships extensively as a tool in enforcing the U.S.
Client Alert | June 10, 2011
On May 17, 2011, the U.S.
Client Alert | May 19, 2011
Munich partners Michael Walther and Mark Zimmer are the authors of "Haftung deutscher Unternehmen nach dem UK Bribery Act" (Liability of German Companies under the UK Bribery Act), published by RIW in April 2011.
Client Alert | April 30, 2011
Printable PDFOn 30 March 2011, the UK's Ministry of Justice published its long-awaited (and repeatedly delayed) Bribery Act 2010 guidance (the "Guidance") on the "adequate procedures" that businesses should implement both to prevent persons associated with them from paying bribes and to qualify for the Act's safe harbour from corporate liability for failure to prevent bribery.
Client Alert | March 31, 2011
Vietnam has recently passed some new regulations which may have an impact upon foreign investors in the country. This update briefly describes these new regulations and also considers some recent developments relating to corruption risks and anti-bribery enforcement actions relating to Vietnam.Nationally Important ProjectsUnder Vietnamese law, "nationally important" projects not only require the normal approvals from the various People's Committees and other licensing authorities, they also require the approval of the Vietnamese National Assembly. The definition of "nationally important" included (amongst other things) threshold amounts over which Vietnamese National Assembly approval was required. The Vietnamese National Assembly recently passed Resol
Client Alert | March 28, 2011
Munich partner Benno Schwarz is the author of "FCPA Compliance Monitorships - US Marotte oder Flavor of the New Times?" [PDF] published in the February 2011 issue of CCZ.
Article | February 7, 2011
Few criminal law issues loom as large for multinational corporations as does compliance with the U.S. Foreign Corrupt Practices Act (FCPA). And few countries pose as great a challenge to FCPA compliance as does the People's Republic of China.
Client Alert | January 28, 2011
Over the past several years the world of corporate regulatory and criminal law compliance has focused to an ever-greater extent on the U.S. Foreign Corrupt Practices Act (FCPA)--and with good reason.
Client Alert | January 27, 2011