"May you live in interesting times" goes the old Chinese proverb, which is not meant for a friend but for an enemy. Whoever expressed such wish, interesting times have certainly come to pass for the German economy.
Client Alert | January 7, 2018
How will the Trump Administration alter enforcement of the False Claims Act ("FCA")? This is a question we fielded frequently at the end of 2016. Our answer at the time: We do not expect there to be significant changes in FCA enforcement, and we expect that the Department of Justice ("DOJ") and private qui tam plaintiffs will continue to brandish the FCA as a powerful weapon.
Client Alert | January 5, 2018
This January 2018 update discusses trends and developments involving corporate non-prosecution agreements (NPAs) and deferred prosecution agreements (DPAs).
Client Alert | January 4, 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
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
Public companies face unique challenges as they confront and seek to manage OFAC, AML and FCPA compliance risk. Disclosure obligations and market reactions can intensify the pressures arising from alleged or actual violations of these laws.
Webcasts | November 1, 2017
London partner Patrick Doris and counsel Mark Handley are the authors of "Are U.K. Enforcement Authorities Sending the Wrong Message to Companies?" [PDF] published in The Anti-Corruption Report on October 18, 2017.
Article | October 18, 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
On September 5, 2017, the Trump Administration announced the termination of the Deferred Action for Childhood Arrivals program ("DACA"). Attorney General Jeff Sessions announced the Administration's decision in remarks delivered on Tuesday morning. Acting Secretary of Homeland Security Elaine Duke subsequently issued a memorandum formally rescinding the program, after which the White House issued a separate statement explaining President Trump's decision.
Client Alert | September 5, 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
In our 2016 Year-End Update, we noted that 2016 was a year full of change—including significant Supreme Court False Claims Act rulings and the election—and raised questions regarding the application and enforcement of the False Claims Act ("FCA") going forward. The first half of 2017 has answered some of those questions, but many remain. First, some consensus has developed among the courts as to how to apply the Supreme Court's decision in Universal Health Services v. United States ex rel.
Client Alert | July 12, 2017
The resounding global theme this year in corporate non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA") is "cooperation." In the United States and abroad, enforcement authorities implementing or considering DPA regimes are consistently beating the drum of exemplary cooperation as a prerequisite to achieving this form of resolution. We highlight multiple examples across the globe in which cooperation has been acknowledged as a deciding factor in accomplishing an NPA or DPA, even in cases where wrongdoing is alleged to have been long-standing and broad in scope.Many of the year's most significant developments have come from abroad, as the United Kingdom flexes its DPA muscle and other jurisdictions—Australia and Scotlan
Client Alert | July 11, 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
Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017 and March 6, 2017 Executive Orders restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.
Client Alert | June 29, 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
For the fourth successive Congress, we are releasing a table of authorities that summarizes the investigative authorities and powers of each House and Senate committee. We believe that understanding a committee's investigative powers is crucial to successfully navigating a congressional investigation. Congressional committees have the power to issue subpoenas to compel witnesses to produce documents, testify at committee hearings, and, in some cases, appear for depositions. Moreover, standing committees may appeal to the full House or Senate to hold in contempt any witness who refuses to appear, answer questions, or produce documents, though note, of course, that Constitutional protections apply to witnesses in congressional investigations.
Client Alert | June 1, 2017
The French Parliament recently enacted a new anti-corruption law, "Sapin II", that signals a more robust era in French anti-corruption enforcement and compliance expectations.
Webcasts | April 18, 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 and March 6, 2017 Executive Orders restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.
Client Alert | March 16, 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
Munich partner Mark Zimmer is the author of "Zufallsfunde bei Videoüberwachung," [PDF] a comment on a new decision of the German Federal Labor Court.
Article | March 1, 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
2016 was a pivotal year in global sanctions implementation, relaxation and enforcement. Against a backdrop of rising nationalism, the international community rallied behind the Joint Comprehensive Plan of Action ("JCPOA"), a deal to ease sanctions on Iran in exchange for limitations on the country’s nuclear program.
Client Alert | February 6, 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
Munich partner Mark Zimmer is the author of "Unternehmensinterne Ermittlungen" [PDF] published in February in the German publication BWV (Bundesverwehrverwaltung) 2017, p.
Article | 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
I. INTRODUCTION What a year. With two Supreme Court decisions and nearly $5 billion in recoveries (among other interesting entries) in 2016's now-closed books, we can say with certainty that 2016 delivered plenty of False Claims Act ("FCA") headlines.
Client Alert | January 5, 2017
The pendulum swung sharply back this year from 2015's record volume of corporate non-prosecution agreements ("NPAs") and deferred prosecution agreements ("DPAs"), but the overall yield remained generally consistent with the prosecutions we have seen since the 2008–2009 economic recession. As we approach 2017 and the changes that the incoming administration will inevitably bring, it is difficult to determine what the future holds for NPAs and DPAs; however, there are several reasons to believe that they will continue to play a prominent role in criminal and civil enforcement, as explored in the sections that follow.This client alert, our seventeenth biannual update on NPAs and DPAs, caps the year in corporate enforcement actions by: (1) summarizing NPA and DPA
Client Alert | January 4, 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
New York partners Randy Mastro and Lee Dunst are the authors of the chapter “White Collar Crime” [PDF] in Business and Commercial Litigation in Federal Courts (Fourth Edition) published in 2016 by Thomson Reuters.
Article | January 1, 2017
Washington, D.C. associate Jonathan Phillips is the co-author of "Using and Defending Against Statistical Sampling in False Claims Act Cases," [PDF] published in AHLA Connections in January 2017.
Article | January 1, 2017
Paris partner Benoît Fleury is the author of "Lutte contre la corruption, les entreprises face à leurs obligations," [PDF] published by L'Agefi Hebdo on December 15, 2016.
Article | December 15, 2016
Los Angeles partner William Thomson and associates Shannon Mader and Richard Dudley are authors of "Potential Sources to Guide Interpretation of RJR's Domestic Injury Requirement," [PDF] published in The United States Law Week on December 8, 2016.
Article | December 8, 2016
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
Denver partner John D.W. Partridge, associate Reid Rector and Washington, D.C. associate Jonathan Phillips are the authors of "FCA Liability after Escobar: Challenges and Opportunities for Device Companies" [PDF] published in the October 2016 issue of Medtech Insight.
Article | October 27, 2016
Los Angeles partner Michael Farhang is the author of "Bank Fraud Case Shows the Importance of Charging Decisions" [PDF] published on October 4, 2016 by Daily Journal.
Article | October 4, 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
Washington, D.C. partner Michael Diamant, of counsel Christopher Sullivan, and associate Jason Smith are the authors of "Sanctionable Practices at the World Bank: Interpretation and Enforcement" [PDF] published on August 28, 2016 by the University of Pennsylvania Journal of Business Law.
Article | August 28, 2016
On July 27, 2016, the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) announced an expansion of the Geographic Targeting Orders (GTOs) targeting alleged money laundering risk in the real estate sector.
Client Alert | August 1, 2016
Worldwide, antitrust enforcement continues to spread and grow, with enforcement authorities in Asia becoming increasingly active and aggressive. By contrast, in the United States, where the Department of Justice's Antitrust Division has long championed aggressive anti-cartel enforcement, 2016 has so far seen less publicly visible activity.
Client Alert | July 11, 2016
Major changes -- that is how we would describe the developments in the first half of 2016 as related to the scope of liability and damages under the federal False Claims Act (FCA).
Client Alert | July 7, 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