Global Investigations Review - The law and practice of international investigations

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Companies sharing information with foreign enforcers may harm SEC objectives

Companies sharing information with foreign enforcers may harm SEC objectives

The Securities and Exchange Commission may at times prefer that companies avoid sharing certain information with overseas law enforcement authorities, an FCPA lawyer for the agency said on 3 May.

Anti-corruption lawyer reveals Baker & McKenzie departure on twitter

Anti-corruption lawyer reveals Baker & McKenzie departure on twitter

Investigations lawyer Kenneth Jull has left Baker & McKenzie for Gardiner Roberts in Toronto.

King & Spalding hires SEC assistant director

King & Spalding hires SEC assistant director

Alexander Koch, a former assistant director in the Securities and Exchange Commission’s enforcement division, has joined King & Spalding in Washington, DC, as partner in the firm's special matters and government investigations practice group.

Daniel Kahn: Self-disclosing could count towards compliance credit

Daniel Kahn: Self-disclosing could count towards compliance credit

The decision to self-disclose could have implications beyond the amount a company can receive off a criminal penalty, the acting head of the foreign bribery unit said on 2 May.

Defence lawyers grappling with interview problems after Yates Memo

Companies must consider whether there is an ethical obligation to provide employees with legal representation in light of the DOJ’s refocus on individual liability, a Baker & McKenzie lawyer said on 2 May.

FCPA Docket: DOJ makes moves in Unaoil corruption scandal

3 May 2016 – The DOJ looks into KBR and FMC Technologies in connection with the Unaoil corruption scandal, and hedge fund Och-Ziff sets aside US$200 million for an ongoing foreign bribery investigation.

Debevoise promotes former China bank hiring practices enforcer to partner

Debevoise and Plimpton has announced that it has promoted two counsel to partner in the firm's white-collar and regulatory defence group in New York.

World Bank immune from discovery requests, Canada’s Supreme Court rules

Canada’s highest court has ruled that the World Bank does not have to turn over documents from a corruption investigation into construction company SNC-Lavalin to defendants fighting related foreign bribery charges.

Wells Fargo anti-bribery chief: pilot programme means 120 per cent cooperation required

Wells Fargo’s anti-bribery chief, who recently called on the DOJ to offer clearer guidance on how it evaluates corporate compliance programmes, has said businesses will need to ratchet up their internal controls as a result of the FCPA pilot programme.

Houston oilfield services company receives DOJ declination

The Justice Department has notified Key Energy Services, a Houston-based oilfield services company, that it will not prosecute the company over allegations of foreign bribery.

Editor's picks

Meet the NYU scholar whose work foreshadowed the DOJ’s new approach to corporate enforcement

Meet the NYU scholar whose work foreshadowed the DOJ’s new approach to corporate enforcement

Just Anti-Corruption interviews Jennifer Arlen, the long-time NYU Law School professor who some have credited as influencing recent DOJ policy on white-collar and corporate enforcement.

Lawyers divided on how the DOJ’s new disgorgement requirement will work

Lawyers divided on how the DOJ’s new disgorgement requirement will work

The Justice Department has left unanswered questions about how it will require companies seeking declinations to disgorge ill-gotten gains, as part of its new policy outlined in the Foreign Corrupt Practices Act pilot programme.

  • DOJ clears ambiguity in FCPA pilot programme

    The Justice Department has clarified what it means when it says companies must deconflict their internal investigations from the government’s parallel probe to receive full cooperation credit, following a request from Just Anti-Corruption.

  • Sally Yates rejected bolder approach to declinations

    The criminal division’s new FCPA pilot programme is a scaled back version of a more ambitious proposal that was rejected last year by Deputy Attorney General Sally Yates, according to people with knowledge of the matter.

  • FCPA pilot programme highlights DOJ’s catch-22

    The DOJ’s latest attempt to improve transparency around its charging decisions is constrained by the fact that promising too much to companies could box prosecutors in, lawyers say.

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