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
New York partner Robert F. Serio and associate Gabriel Herrmann are the authors of "The Other Del. Business Courts? Litigating Derivative Suits in NY" [PDF] published on June 14, 2016 by Delaware Business Court Insider.
Article | June 14, 2016
New York partner Avi Weitzman and of counsel Jason P.W. Halperin are the authors of "Curing Albany's Corruption Epidemic: It's Time for a Conflict-Free Legislature" [PDF] published on May 27, 2016 by New York Law Journal.
Article | May 27, 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
Los Angeles partner Michael Farhang is the author of "Proposed Anti-Money Laundering Rules Focus on Investment Advisers" [PDF] published on April 5, 2016 by The Daily Journal.
Article | April 5, 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
2015 has been an extraordinary year for M&A on a global scale. Despite a 3.2% decrease in deal volume, total deal value reached US$4.3tn, an astounding 30.5% increase from last year.
Client Alert | February 24, 2016
On January 13, 2016, the U.S.
Client Alert | February 11, 2016
THE UNITED STATESI. Major Program Developments A. Iran 1. Joint Comprehensive Plan of Action (JCPOA) a. Negotiation and Signing of JCPOA--July 14, 2015On July 14, 2015, the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States) signed the Joint Com
Client Alert | February 2, 2016
2015 has been a year of unprecedented white collar enforcement, both in absolute terms, and in terms of the variety and broad base of enforcement actions taken.
Client Alert | February 1, 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 year was yet another eventful one in securities litigation, from the Supreme Court's game-changing opinion in Omnicare regarding liability for opinion statements, to several significant opinions out of the Delaware courts regarding, among other things, financial advisor liability and the apparent end to disclosure-only settlements.
Client Alert | January 25, 2016
New York partner Lawrence Zweifach is the author of "The US Department of Justice's New Policy Initiative Targeting Corporate Officers and Employees" [PDF] published on January 22, 2016 in the White Collar Crime Expert Guide.
Article | January 22, 2016
While massive mergers and pharmaceutical pricing dominated industry headlines in 2015, the U.S. Government continued to shape the drug and device industries through enforcement actions and other regulatory activities this past year.
Client Alert | January 19, 2016
On January 16, 2016, the comprehensive international sanctions restricting dealings with Iran and Iranian entities were substantially eased. Financial institutions and businesses hoping to access the Iranian market have new, immediate and substantial opportunities to do so; but this potential comes with continued complexities, ambiguities, and risks, particularly for U.S.
Client Alert | January 18, 2016
From at least a numerical standpoint, 2015 was a particularly productive year for the Securities and Exchange Commission's Division of Enforcement. For the government fiscal year ended September 30, the SEC filed 807 enforcement actions, a 7% rise over fiscal 2014.
Client Alert | January 11, 2016
By the end of 2015, Germany has provided shelter to more than one million refugees that entered the country in the past twelve months, many without any documents of identification or even totally unregistered in some cases.
Client Alert | January 8, 2016
A comprehensive summary of criminal antitrust and competition-related enforcement activity across the world during 2015.
Client Alert | January 7, 2016
A bit less, but no less impressive--that is how we would characterize False Claims Act enforcement in 2015. This past year, the federal government recovered approximately $3.6 billion in either settlements or judgments in cases brought under the False Claims Act ("FCA" or the "Act").
Client Alert | January 6, 2016
2015 was a blockbuster year in corporate non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA"), by sheer numbers alone. Skyrocketing to 100, in 2015 the number of agreements more than doubled the numbers in every prior year since 2000, when Gibson Dunn first began tracking NPA and DPA data.
Client Alert | January 5, 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
Denver partner John Partridge and of counsel Richard Cunningham are the authors of "Expanded Enforcement of Federal False Claims Act, RICO, and Antitrust Law Changes the Legal Landscape for Healthcare Providers" [PDF] published in the December 2015 issue of The Colorado Lawyer.
Article | December 31, 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
Washington D.C. associate Jonathan M. Phillips is the author of "Compliance Implications of the Rise of False Claims Act Cases Based on the 60-Day Rule" [PDF] published in the December 2015 issue of Health Care Fraud Westlaw Journal.
Article | December 1, 2015
Myanmar went to the polls on November 8, 2015 (the "2015 Elections") to elect members of the upper and lower houses of the national legislature and 14 state and regional legislatures. The 2015 Elections witnessed participation by the National League for Democracy (the "NLD") (headed by Aung San Suu Kyi), which had boycotted the 2010 general elections. Based on the preliminary results released through November 15, 2015, the NLD has secured an overwhelming majority of the seats of the national legislature (referred to as the Pyidaungsu Hluttaw). The members of the newly elected national legislature will elect the next President of Myanmar to lead the new Myanmar Government from April 1, 2016. Given the majority secured by the NLD, the next Pre
Client Alert | November 17, 2015
Washington D.C. partner David Debold is the author of "WLF Overcriminalization Timeline: Proliferation of Criminal Laws/Sentencing Developments" [PDF] published on November 13, 2015 by Washington Legal Foundation.
Article | November 13, 2015
Hong Kong recently commenced the final countdown towards implementing its new competition regime, many elements of which are inspired by competition rules in Western jurisdictions. On July 17, it issued a "Commencement Notice" for the introduction of a Competition Ordinance (the "Ordinance") which is scheduled to come into force in six weeks' time, on December 14, 2015.
Client Alert | November 3, 2015
For the third successive Congress, we are releasing a table of authorities that summarizes the investigative 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. Although the Fifth Amendment applies in the context of a congressional investigation, standing committees nevertheless may appeal to the full House or Senate to hold in contempt any witness who refuses to appear, answer questions, or produce documents. Congressional contempt authority may take one of three
Client Alert | October 21, 2015
This 90 minute briefing provides an overview and assessment of recent substantial changes in key sanctions regimes and the upcoming divergence of US, EU and UN economic sanctions as Iran sanctions relief is implemented, the EU debates the renewal of sanctions against Russia and the US contemplates unilateral sanctions against cyber criminals and others.
Webcasts | October 21, 2015
Paris of counsel Nicolas Autet and associate Salomé Lemasson are the authors of the France chapter [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
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
October 18, 2015 marked Adoption Day, the latest milestone in the implementation of the Joint Comprehensive Plan of Action ("JCPOA") between the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States) and the Islamic Republic of Iran to ease sanctions on Iran in exchange for limitations on its nuclear program.
Client Alert | October 19, 2015
San Francisco partner Winston Y. Chan and Denver associate John D.W. Partridge are the authors of "Tech Firms Targeted Under False Claims Act" [PDF] published on October 7, 2015 by The Recorder.
Article | October 7, 2015
The UK Consumer Rights Act 2015 ("the CRA") came into force on 1 October 2015, fundamentally transforming the cartel claims environment in the UK, and introducing class actions (as US litigators might understand the term) for the first time to English law.Schedule 8 of the CRA creates a new collective proceedings regime for damages claims before the Competition Appeals Tribunal ("the CAT").
Client Alert | October 2, 2015
Los Angeles partner Michael Farhang is the author of “DOJ Authority to Strike Deals With Defendants Limited” [PDF] published by the Daily Journal on September 23, 2015.
Article | September 23, 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
Today, the agreement between the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States) with the Islamic Republic of Iran to ease sanctions on the country in exchange for limitations on its nuclear program, the Joint Comprehensive Plan of Action ("JCPOA"), took a major political step closer to being realized and implemented in the United States.
Client Alert | September 2, 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
On July 27, 2015, the U.S. District Court for the Northern District of Texas issued its anticipated decision on remand from Halliburton, Co. v. Erica P.
Client Alert | July 29, 2015
San Francisco partners Thad Davis and Michael Li-Ming Wong and associate Nicola Paterson are the authors of “The Data Security Governance Conundrum: Practical Solutions and Best Practices for the Boardroom and the C-Suite” [PDF] published in Volume 2015 of the Columbia Business Law Review.
Article | July 21, 2015
Over the past half year, the U.S. Department of Justice ("DOJ") and the U.S. Food and Drug Administration ("FDA") sustained their enforcement efforts against both businesses and individuals, raking in significant civil recoveries while pursuing criminal cases against industry participants.
Client Alert | July 16, 2015
Progress on Some Fronts, But Significant Dangers Remain, and New Dangers EmergeE-discovery remains an incredibly rich and rapidly developing field, as the many developments on which we report from just the first half of 2015 attest.
Client Alert | July 15, 2015
The first half of 2015 has proved yet another eventful period in securities litigation. Chief among significant developments in the first half of the year is the U.S.
Client Alert | July 14, 2015
On July 14, 2015, the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States) signed a landmark agreement with the Islamic Republic of Iran to ease sanctions on the country in exchange for limitations on its nuclear program. This agreement was the result of intense negotiations beginning in November 2013. The Joint Comprehensive Plan of Action ("JCPOA" or "the Agreement") removes many of the nuclear-related economic sanctions imposed by the United States and the European Union in the past decade. As Iran complies with various provisions of the agreement--including caps on its uranium enrichment capabilities and inspections of its key nuclear facilities to ensure that no prohibited activity is occurring--the E
Client Alert | July 14, 2015
Enforcement of the criminal antitrust and competition laws continues to deliver headline grabbing news. Just six months ago, we reported as dominant trends the unrelenting expansion in international enforcement, the increasing severity of punishments, and the rising level of coordination among global competition authorities when it comes to detecting and investigating companies that engage in horizontal collusion.
Client Alert | July 13, 2015
Midway through the 2015 calendar year, the SEC Enforcement program has often been finding itself garnering more public attention for the manner in which it sources, litigates, and resolves cases than for the cases themselves.
Client Alert | July 13, 2015
2015 came in like a lion, bringing with it remarkable policy changes regarding corporate non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA").
Client Alert | July 8, 2015