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V&E FCPA and Global Anti-Corruption Update, March 15, 2019
DOJ has again modified its guidance regarding enforcement of the FCPA. Among the recent modifications is a loosening of the ban it had announced in 2017 on the use of disappearing messaging applications or software by companies hoping to receive cooperation credit under the Corporate Enforcement Policy.
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V&E FCPA and Global Anti-Corruption Update, March 14, 2019
On March 7 and 8, 2019, Deputy Attorney General Rod Rosenstein and Assistant Attorney General Brian Benczkowski delivered separate speeches on developments in FCPA enforcement, highlighting that DOJ aims to make “corporate criminal enforcement more effective and efficient.”1
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V&E Cybersecurity and Data Privacy Insights, March 14, 2019
On March 6, 2019, the Washington State Senate passed Senate Bill No. 5376, the Washington Privacy Act (“WPA”).
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V&E Government Investigations Update, March 13, 2019
In a blow to the DOJ, on March 4, 2019, a Northern District of California district court dismissed all charges against former Barclays foreign currency options trader Robert Bogucki.
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V&E Environmental and Natural Resources Update, March 11, 2019
On December 11, 2018, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) issued a Notice to Lessees and Operators and Pipeline Right-Of-Way Holders (“NTL”) for the Outer Continental Shelf (“OCS”) Gulf of Mexico Region on Idle Iron Decommissioning Guidance for Wells and Platforms (the “2018 NTL”).
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First published in the American Bar Association, The Woman Advocate, March 05, 2018
V&E’s Carly Milner and Aurra Fellows discuss the need to understand what discovery will be available and whether that meets their needs.
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V&E High-Tech Law & Litigation Update, March 08, 2019
Like the Tribbles on the classic television series Star Trek, emojis are cute and fun, but they can cause major trouble if not handled correctly.
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V&E’s Cybersecurity & Data Privacy Update, March 08, 2019
Everyone knows by now that the European Union passed a sweeping privacy law that was implemented in May of 2018 regulating how businesses may use personal data.
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V&E FCPA and Global Anti-Corruption Update, March 07, 2019
On March 6, Director James M. McDonald of the U.S. Commodity Futures Trading Commission (“CFTC”) announced a new Enforcement Advisory at the American Bar Association’s National Institute on White Collar Crime, aimed at encouraging cooperation with CFTC investigations related to foreign corruption.
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V&E FCPA and Global Anti-Corruption Update, March 07, 2019
In the first FCPA enforcement action of the 2019 season, DOJ issued a particularly lenient declination to Cognizant Technology Solutions Corporation, but required additional disgorgement beyond what the SEC could collect in its own parallel action and indicted two of the company’s most senior executives.
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V&E Government Investigations Update, March 06, 2019
The U.S. Supreme Court recently agreed to review the scope of the federal Clean Water Act (“CWA”), which prohibits the discharge of pollutants into navigable waters from any point source.
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V&E Foreign Corrupt Practices Act Update, March 05, 2019
The Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) typically stick to a game plan when it comes to the Foreign Corrupt Practices Act (“FCPA”), historically focusing on high risk markets and select industries with heavy foreign government involvement, such as energy and resource extraction, life sciences and pharmaceuticals, and financial services.
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V&E IP Insights, March 05, 2019
In Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. __ (2019), the Supreme Court of the United States held that a suit for copyright infringement cannot commence until after the Copyright Office has granted registration of a copyright.
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V&E IP Insights, March 05, 2019
In Rimini Street, Inc. v. Oracle USA, Inc., 586 U.S. __ (2019), the Supreme Court of the United States held that an award of “full costs” for copyright infringement under Section 505 of the Copyright Act is limited to and may not go beyond the six enumerated categories of costs authorized under 28 U.S.C. §§ 1821 and 1920.
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V&E International Dispute Resolution Update, March 04, 2019
In a (perhaps unsurprising) recent decision in the case of Canary Wharf (BP4) T1 Ltd v European Medicines Agency(the “EMA”),1 the High Court ruled that BREXIT would not amount to an event frustrating a lease.
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V&E Government Investigations Update, February 27, 2019
In early February, the U.S. Department of Justice took
the unprecedented step of temporarily shutting down two Tennessee
pharmacies accused of allowing opioid prescriptions to flow into the local market
unchecked, signaling an escalation in the DOJ’s enforcement surrounding the
opioid cases.
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In a recent decision, Spirit Energy
Resources Ltd & Ors v Marathon Oil UK LLC
[2019] EWCA Civ 11, the English Court of Appeal has
dismissed an appeal brought by Spirit Energy and TAQA in respect of their liability
for a share of a pension deficit for employees engaged in joint operations.
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V&E Government Investigations Update, February 21, 2019
Yesterday, in Timbs v. Indiana, the U.S. Supreme Court ruled that the Eighth Amendment’s prohibition on excessive fines applies to the states. In an opinion drafted by Justice Ginsburg, the Court held the Excessive Fines Clause is “fundamental to our scheme of ordered liberty” with “deep roots in our history and tradition.”1
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V&E Government Investigations Update, February 20, 2019
Earlier this month, the U.S. Chamber of Commerce filed an amicus brief in an Illinois district court, arguing that the Department of Justice (“DOJ”) went too far in indicting two former Deutsche Bank employees with violations of the wire fraud statute, 18 U.S.C. § 1943.
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V&E False Claims Act Update, February 20, 2019
Whistleblower activity has consistently increased over the past decade, with 2018 being no exception. Although the Department of Justice (“DOJ”) reported a decrease in False Claims Act (“FCA”) whistleblower actions and recoveries in 2018, the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) both reported year-on-year increases in tips received and payments to whistleblowers.
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