LawFlash/Client Alert | White Collar LawFlash
Brian Shaffer, Chelsea Stine
Second Circuit holds that the government will be required to prove more than simple off-label promotion for misbranding prosecutions under the FDCA.
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
George Terwilliger III, Daniel Levin, Marc Shanker, Eric Kraeutler
Assistant Attorney General Breuer highlights transparency, global trends, and the benefits of robust compliance programs at the American Conference Institute's 28th National Conference on the Foreign Corrupt Practices Act.
Outside Publication | Article
George Terwilliger III
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
George Terwilliger III, Dallas Kaplan, Benjamin Klein, Eric Kraeutler, Eric Sitarchuk
Interagency guide provides a blend of statutory interpretation, case analysis, and practice recommendations for corporations and their advisors but lacks definitive answers to many FCPA questions.
LawFlash/Client Alert | White Collar LawFlash
Meredith Auten, Eric Sitarchuk
U.S. district court decision may now allow defendants in False Claims Act cases to obtain sanctions where potentially relevant documents are lost or destroyed due to the government's failure to issue a timely litigation hold.
Presentation | Webinar
Kathleen McDermott, Nathan Andrisani, Lisa Dykstra, Meredith Auten, Eric Sitarchuk, Joanna Hendon
Morgan Lewis's Nate Andrisani, Meredith Auten, Joanna Hendon, Lisa Dykstra, Katie McDermott, and Eric Sitarchuk presented this webinar discussing the most significant False Claims Act cases of 2011. more
Presentation | Webinar
Margaret Gatti, Leslie Caldwell, Alison Tanchyk, Eric Kraeutler
Morgan Lewis's Leslie Caldwell, Margaret Gatti, Eric Kraeutler, and Alison Tanchyk presented this webinar discussing the most significant FCPA-related trends and cases of 2011, as well as predictions for 2012. more
Outside Publication | Book
Kelly Moore, Eric Sitarchuk
The current focus on compliance, disclosure, enforcement, and penalties continues to increase. As new and sweeping financial reform and other laws are passed and new regulations are promulgated, enforcement activity will continu... more
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Benjamin Klein, Tiffany Johnson
At the 26th annual National Conference on the Foreign Corrupt Practices Act (FCPA), held November 8 and 9, 2011, officials from the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) stressed that both ... more
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Kelly Moore, Kimberly Hicks
In a blow to the U.S. Department of Justice's (DOJ's) efforts to increase enforcement of the Foreign Corrupt Practices Act (FCPA) against individuals, Judge Richard J. Leon of the U.S. District Court for the District of Columbia... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
In the latest sign that the Department of Labor (DOL) is taking a harder line against employers defending whistleblower claims under the Sarbanes-Oxley Act (SOX), the DOL's Administrative Review Board (ARB) recently ruled in S... more
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Kelly Moore, Alison Tanchyk, Eric Kraeutler
On May 25, 2011, a divided Securities and Exchange Commission (SEC) approved final rules to implement the SEC whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Because t... more
LawFlash/Client Alert | White Collar LawFlash
Iain Wright, Dana Becker, Alison Tanchyk, Eric Kraeutler
On 30 March, the United Kingdom Ministry of Justice issued long-awaited guidance for business organisations preparing for the implementation of the UK Bribery Act (the Act), now scheduled for 1 July 2011. The Act, passed in Apr... more
LawFlash/Client Alert | White Collar LawFlash
Iain Wright, Dana Becker, Eric Kraeutler
On 31 January 2011, the United Kingdom Ministry of Justice confirmed a further delay in the implementation of the UK Bribery Act (the Act). The Act, which was scheduled to come into effect in April 2011, has been delayed pendin... more
LawFlash/Client Alert | White Collar LawFlash
Martha Stolley
In his first speech at the New York City Bar Association since his election, Manhattan District Attorney Cyrus R. Vance, Jr. said that he would expand his office's use of the Martin Act, New York's securities fraud statute, in ta... more
LawFlash/Client Alert | White Collar LawFlash
Alison Tanchyk, Iain Wright, Leslie Caldwell
A United Kingdom government official made headlines last week when he suggested that the UK Bribery Act 2010 (the Act), which is due to come into effect in April 2011, would be reviewed by the UK government. However, despite so... more
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Kelly Moore, Shevon Scarafile
The U.S. Department of Justice (DOJ) on December 27 entered into a deferred prosecution agreement (DPA) with Alcatel-Lucent, S.A. that includes a unique monitorship approach designed to ensure compliance with France’s b... more
LawFlash/Client Alert | White Collar LawFlash
Litigation Practice
The United Kingdom Ministry of Justice has commenced the consultation process on the nature and substance of the guidance that it is to issue with regards to the policies and procedures that commercial organisations can use to p... more
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Jürgen Beninca, Tiffany Johnson, Michael Masling
The Department of Justice (DOJ) under the Obama administration has announced on more than one occasion that it is targeting the healthcare industry for Foreign Corrupt Practices Act (FCPA) investigations, with a particular focus... more
Presentation | Webinar
Iain Wright, Eric Sitarchuk
Morgan Lewis presented a four-part webinar series that reviewed the most significant FCPA trends of 2010 so far, discussed predictions for the remainder of the year, explored anticipated industrywide investigations, and provided... more
LawFlash/Client Alert | White Collar LawFlash
Alison Tanchyk, Eric Kraeutler
The Financial Reform Act includes whistleblower protections that may increase the reporting of FCPA violations, and provides incentives for reporting information relating to the violation of securities laws.
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Iain Wright, Eric Kraeutler
The United Kingdom Ministry of Justice today announced that the UK Bribery Act, including the new strict liability corporate offence of failing to prevent bribery, will come into effect in April 2011. This is later than origina... more
LawFlash/Client Alert | White Collar LawFlash
Matthew Hogan, Nathan Andrisani, Alison Tanchyk, Eric Sitarchuk
On June 24, the U.S. Supreme Court issued rulings in three significant cases involving honest services fraud under 18 U.S.C. § 1346, which purported to criminalize behavior that deprives another of "the intangible right of ... more
LawFlash/Client Alert | White Collar LawFlash
Barbara Van Gelder
Under new requirements effective April 22, government contractors must now submit to the government information regarding past criminal, civil, and administrative proceedings when bidding for a contract or grant. Along with oth... more
LawFlash/Client Alert | White Collar LawFlash
Martha Stolley
In a move that appears to be the first of its kind by any state prosecutor's office, on May 28, the Manhattan District Attorney's Office (the DA's Office) issued guidelines to prosecutors on the filing of criminal charges agains... more