07 November 2014
Shell Oil Company, a U.S. subsidiary of Royal Dutch Shell plc, seemed to make headway in oral arguments Thursday that a Texas Court of Appeals ruling could undermine federal FCPA enforcement policy.
16 September 2014
The compelled disclosures are policy conclusions and ethics judgments that don't meet the test of being "purely factual" or "uncontroversial," argue the National Association of Manufacturers and the U.S. Chamber of Commerce.
20 August 2014
A 2013 decision by a Texas appeals court in Houston allowed a former Shell employee to pursue a defamation suit against the company after Shell allegedly gave information about him to the Justice Department during the course of an FCPA investigation.
15 April 2014
An appeals court panel rules a public reporting requirement violates the First Amendment, but companies are still required to probe their supply chains for evidence that materials are tied to armed conflict.
20 March 2014
Transparency group says U.S. must regain leadership role by publishing strong disclosure requirements for energy and mining companies.
24 February 2014
Although the appeals cover several issues, the most important issue for FCPA practitioners is whether the trial court properly instructed the jury regarding the term “instrumentality.” The FCPA prohibits bribing “foreign officials” in order to obtain or retain business. “Foreign official” is defined as an “officer or employee of a foreign government or any department, agency, or instrumentality thereof.” The US Department of Justice has long contended that the term “instrumentality” covers not only entities performing core governmental functions, but also commercial businesses with some level of state ownership, and that a “foreign official” is any employee of such a business. Companies and individuals facing FCPA charges have argued that such an expansive definition is legally flawed and contrary to legislative intent.
14 February 2014
Hooking arguments for amending the 1977 foreign anti-bribery law to a popular bipartisan push in Congress to make the criminal laws more fair.
24 January 2014
The resource center launched to help companies comply with the Dodd-Frank conflict minerals rule.
07 January 2014
The Amazon-produced "Alpha House," about four U.S. senators living in a group house together, rips a foreign bribery plot line from the headlines.
07 January 2014
The manufacturing industry is fighting a Dodd-Frank Securities and Exchange Commission rule requiring companies to determine and report if their products contain conflict minerals.
Deborah Luskin, Anant Modi, Selma Della Santina and Sarah Wrigley
Benjamin S Haley, Sarah Crowder, Randall D Friedland and Thomas McGuire
Jason J Kang, Daniel S Lee, Nan Wang, Ryan Middlemas and Hangil Lee
Simone Nadelhofer and Daniel Lucien Bühr
Lawrence E Ritchie and Lauren Tomasich
Osler Hoskin & Harcourt LLP
Renato Tastardi Portella , Marcel Ribas , Renato Ximenes , Marianno Carneiro da Cunha and Pamela Michelena De Marchi Gherini
Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados