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
I. INTRODUCTION There is no end in sight to the False Claims Act gold rush. After a record-setting 2014, which saw $5.7 billion in recoveries under the federal False Claims Act (FCA), 31 U.S.C.
Client Alert | July 8, 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
Washington, D.C. partner F. Joseph Warin and associates Oleh Vretsona and Lora MacDonald are the authors of "A Practical Guide to the Use of the Commissioned Public Report as an Effective Crisis-Management Tool" [PDF] published in the Notre Dame Journal of Law, Ethics & Public Policy, Volume 29, Issue 1.
Article | June 12, 2015
San Francisco partner Winston Chan and associate Joseph Tartakovsky are the authors of “Discovery in False Claims Act cases when the government declines to intervene” [PDF] published in the June 2015 issue of Compliance & Ethics Professional.
Article | June 4, 2015
New York partner Joel Cohen and Dallas associate Bennett Rawicki are the authors of “Op-Ed: Welcome News from the SEC on Forum Selection” [PDF] published in the June 1, 2015 issue of the National Law Journal.
Article | June 1, 2015
Washington, D.C. partner F. Joseph Warin and associate Julie Rapoport Schenker are the authors of "Refusing to Settle: Why Public Companies Go To Trial in Federal Criminal Cases" [PDF] published by Georgetown's American Criminal Law Review, Vol.
Client Alert | May 21, 2015
On May 6 and 18, 2015, in what will certainly become landmark decisions, the criminal court of Paris ruled that a same person may no longer be prosecuted and condemned twice with respect to market abuse offences for the same facts by both the Autorité des marchés financiers' (French financial markets authority) Commission des sanctions (Enforcement Committee) and a French criminal court.
Client Alert | May 19, 2015
Washington, D.C. partner F. Joseph Warin is the author of "Senator Warren, let the ‘cops’ do their jobs" [PDF] published on April 27, 2015 by The Hill.
Article | April 27, 2015
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
In 2014, food safety spurred significant rulemaking, enforcement activity, and litigation by regulators and lawmakers at both the federal and state levels. The U.S.
Article | March 2, 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
As previously reported in our January 20, 2015 Client Alert, "U.S. Department of the Treasury and Department of Commerce Issue Rules Implementing Changes in U.S.
Client Alert | February 25, 2015
Gibson Dunn partner Jose W. Fernandez and associate Eric B.
Client Alert | February 19, 2015
Concerns about cybersecurity and data privacy have exploded into the public consciousness in recent years, accompanied by a host of new and rapidly developing legal issues.
Client Alert | February 17, 2015
Washington, D.C. partners F.
Article | February 16, 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
In light of the increased interest that Myanmar is currently generating among international investors, we have prepared this brief overview of applicable international sanctions measures, with a focus on the United States. As further discussed below, the U.S.
Client Alert | January 26, 2015
The Paris office of Gibson Dunn is pleased to provide this legal and regulatory update covering France for the second semester of 2014.
Client Alert | January 23, 2015
On January 12, 2015, the United States Court of Appeals for the Second Circuit issued an unprecedented decision holding that a company's failure to disclose a known trend or uncertainty in its Form 10-Q filings, as required by Item 303 of SEC Regulation S-K, can give rise to liability under Section 10(b) of the Securities Exchange Act of 1934.
Client Alert | January 22, 2015
In our Mid-Year E-Discovery Update, we reported that 2014 was shaping up to be the "year of technology" in e-discovery. The remainder of the year more than lived up to those expectations.
Client Alert | January 20, 2015
On January 15, 2015, the United States Department of the Treasury (Treasury Department) and the United States Department of Commerce (Commerce Department) released regulatory amendments implementing historic changes to the Cuba sanctions regime announced by President Obama on December 17, 2014. The amendments incorporate the diplomatic and economic changes to U.S.
Client Alert | January 20, 2015
2014 was marked by numerous noteworthy developments. The crisis in Ukraine and the international community's efforts to respond have figured prominently in, if not dominated, sanctions discourse.
Client Alert | January 15, 2015
It is no secret to those in the health care industry that since the U.S.
Client Alert | January 14, 2015
Pharmaceutical and medical device manufacturers are among the most highly regulated enterprises in the United States, and 2014 demonstrated that the regulatory landscape continues to be a minefield for these companies. This past year, the Department of Justice ("DOJ") and the U.S.
Client Alert | January 14, 2015
The close of 2014 saw the SEC's Division of Enforcement take a victory lap. Following the release of the statistics for the fiscal year ended September 30, Division Director Andrew Ceresney touted a few records -- the largest number of enforcement actions brought in a single year (755); the largest total value of monetary sanctions awarded to the agency (over $4 billion); the largest number of cases taken to trial in recent history (30).
Client Alert | January 12, 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
Just two years ago we noted the staggering level of the federal government's recovery-- approximately $5 billion--under the False Claims Act, 31 U.S.C.
Client Alert | January 7, 2015
The U.S. Department of Justice ("DOJ") and the U.S. Securities and Exchange Commission ("SEC") continue to deploy DPAs and NPAs aggressively. This past year left no doubt that such resolutions are a vital part of the federal corporate law enforcement arsenal, affording the U.S.
Client Alert | January 6, 2015
In this alert, Gibson Dunn lawyers describe five trends in FCPA enforcement they observed between 2005 and 2015.
Client Alert | January 5, 2015
On December 18, 2014, President Barack Obama signed the Ukraine Freedom Support Act of 2014 ("Ukraine Freedom Support Act"), which provides him with the authority to impose additional economic sanctions on foreign persons conducting particular transactions in certain Russian economic sectors, notably the energy and defense sectors. The law, which originated as S.2828 in the United States Senate and H.R. 5859 in the House of Representatives and passed both with unanimous consent, further increases the economic pressure on Russia followings its annexation of Crimea in March 2014 and its continued support of separatist activities in eastern Ukraine. The law provides the President with new powers, though generally does not require that he impose new sanctions.
Client Alert | December 22, 2014
On December 17, 2014, President Obama announced "the most significant changes to [U.S.] Cuba policy in more than 50 years." According to information released by the White House, the United States and Cuba will move to normalize diplomatic and economic relations and the United States will implement significant changes to its sanctions policies and regulations with respect to Cuba. On a broad diplomatic level, the U.S.
Client Alert | December 18, 2014
On December 10, 2014, the United States Court of Appeals for the Second Circuit issued its much-anticipated decision in United States v. Newman, which vacated the convictions of and dismissed with prejudice the indictments against two high-profile insider trading defendants--Anthony Chiasson and Todd Newman. In overturning their convictions the Second Circuit both clarified the heavy evidentiary burden needed to convict downstream tippees who are several levels removed from the original tipper, and returned life to the "personal benefit" test for when a tipper breaches a fiduciary duty. This ruling likely will have significant repercussions for criminal and civil insider trading cases in the Second Circuit. The Trial and ConvictionsChiasson and Newman were succe
Client Alert | December 15, 2014
Gibson Dunn partner Joel M. Cohen and associates Mary Kay Dunning, Darcy Harris and Genevieve Quinn are the authors of the following article published in a recent issue of the Review of Securities & Commodities Regulation. The team, who represented Nelson Obus in SEC v.
Client Alert | November 20, 2014
Following the response of the United States and European Union to the Russian Federation's annexation of Crimea in March 2014, as well as its continued support of separatists in eastern Ukraine, Japan recently imposed economic sanctions on Russia. In August 2014, the Ministry of Foreign Affairs, the Ministry of Finance, and the Ministry of Economy, Trade and Industry implemented economic sanctions pursuant to the 外国為替及び外国貿易法 [Foreign Exchange and Trade Act], Law No.
Client Alert | November 3, 2014
Washington, D.C. partners F. Joseph Warin and John W.F. Chesley and associate Sean Sandoloski are the authors of "Reexamining the notion that public companies cannot fight criminal charges" [PDF] published in the October 2014 issue of Financier Worldwide.
Client Alert | October 31, 2014
Los Angeles partner Michael Farhang and associate Patrick Doust are the authors of “Demand Futility Standards in the Executive Compensation Context” [PDF] published in the September 24, 2014 issue of Delaware Business Court Insider.
Article | September 24, 2014
Subsequent to the Russian Federation's annexation of Crimea in March 2014, President Obama issued three Executive Orders ("E.O.s") authorizing the Office of Foreign Assets Control ("OFAC") at the U.S.
Client Alert | September 22, 2014
San Francisco partner Thad Davis and associate Leslie Wulff are the authors of “When Federal Agencies Are the ‘Same Party’ under FRE 804(b)(1)” [PDF] published in Criminal Litigation, Summer 2014, Vol.
Client Alert | September 11, 2014
San Francisco partner Marc Fagel and associate Lauren Escher are the authors of “A Harbinger of the SEC’s Tough New Approach to Public Company Reporting Fraud” [PDF] published in the August 18, 2014 issue of Bloomberg BNA’s Securities Regulation & Law Report.Reproduced with permission from Securities Regulation & Law Report, 46 SRLR 1632, 08/18/2014.
Client Alert | August 18, 2014
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
The European Union (the "EU") has over the course of the last two days adopted wide-ranging sectoral sanctions against the Russian Federation, which will apply throughout the EU's 28 member states.
Client Alert | August 6, 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
Subsequent to the Russian Federation's annexation of Crimea in March 2014, President Obama issued a series of Executive Orders ("E.O.s") authorizing the Office of Foreign Assets Control ("OFAC") at the U.S.
Client Alert | July 21, 2014