Category: General

20 Jul, 2020

In Decisive Ruling, Supreme Court Rejects Trump Administration Challenges to State Criminal Grand Jury Subpoena (Part I of II)

In a decisive ruling, in Trump v. Vance, the Supreme Court rejected President Trump’s challenges to a New York State grand jury subpoena. In a 7-2 vote, The Supreme Court rejected the Trump Administration challenges. In a separate case, Trump v. Mazars, which will be analyzed in Part II tomorrow, the Supreme Court rejected challenges by a vote of 7 to 2 to Congress’ subpoena...

General

17 Jul, 2020

DOJ Charges Two Sons of Former Panama President Martinelli with Participation in Odebrecht Bribery Scheme in Panama

DOJ announced the arrest of two individuals, Luis Martinelli Linares and Ricardo Martinelli Linares, who are the sons of the former President of Panama, Ricardo Martinelli) for their role in funneling $28 million in bribes to a former Panamanian government official as part of the Odebrecht bribery case. Luis and Ricardo were arrested while attempting to board a private airplane at an airport in Guatemala...

General

16 Jul, 2020

Revised FCPA Guidance: Effective Compliance Program and Internal Controls (Part V of V)

The initial FCPA Guidance included valuable compliance program guidance keyed to the heading, “Hallmarks of an Effective Compliance Program.” Issued in 2012, the outline of an effective compliance program was an important statement of policy. The Revised FCPA Guidance includes additional information, some of which reflect recent changes made to the Evaluation of Corporate Compliance Programs. The Revised FCPA Guidance includes important statements on internal...

General

15 Jul, 2020

The Volkov Law Group Announces Promotions of Jessica Sanderson, Matt Stankiewicz and Noah Smith

The Volkov Law Group is pleased to announce promotions of: (i) Jessica Sanderson to Partner; (ii) Matt Stankiewicz to Managing Counsel; and (iii) Noah Smith to Senior Associate. Jessica, Matt and Noah each have distinguished themselves as terrific attorneys, who are committed to integrity and providing clients with high-quality service. Jessica Sanderson Jessica joined the firm in January 2019. She is a veteran and...

General

15 Jul, 2020

Revised FCPA Guidance: Legal Issues and Clarifications (Part IV of V)

FCPA practitioners often debate whether the FCPA is “clear” or “ambiguous.” Like all important issues in life (assuming this is important), the answer really depends on the specific language. Congress’ ability to write clear and concise statutes varies across the lot, and the FCPA includes provisions that are clear and some that, depending on the situation, may not be. The Revised FCPA Guidance addresses a...

General

14 Jul, 2020

Revised FCPA Guidance: Updated DOJ Policies (Part III of V)

The Justice Department has continued at a steady rate to tweak relevant policies applicable to FCPA enforcement. The Revised FCPA Guidance has incorporated these policies. FCPA Corporate Enforcement Policy and Declinations (pp. 51-54) The FCPA Corporate Enforcement Policy is quickly becoming “a well-established” framework. DOJ has expanded it to cover all corporate criminal resolutions except for criminal antitrust violations. The FCPA Corporate Enforcement Policy (“CEP”)...

General

13 Jul, 2020

Revised FCPA Guidance: New Case Updates (Part II of V)

Over the last eight years, FCPA litigation has increased. Companies are still avoiding the risks of litigation and losing to the Justice Department and the SEC. Individuals, on the other hand, have clear incentives to challenge DOJ’s FCPA interpretations, where appropriate, and they have done so. The Revised FCPA Guidance incorporates these new cases throughout the text and its numerous footnotes. The major additions include:...

General

12 Jul, 2020

DOJ and SEC Issue Revised FCPA Guidance (Part I of V)

In the dead of night, July 2, 2020, DOJ and the SEC issued the Second Edition of its FCPA Guidance (Here). A comparison of the First and Second Editions was released by Dick Cassin at The FCPA Blog, and is set forth here. Given the importance of the revised FCPA Guidance, we have scheduled a webinar for Tuesday, July 14, 2020 at 12 noon EST. ...

General

10 Jul, 2020

Alexion FCPA Violations: Lessons Learned (Part II of II)

The Alexion Pharmaceutical SEC FCPA enforcement action represents another in the long line of enforcement actions against drug and device companies. The drug and device industries have been – and will continue to be — easy marks for prosecutors to investigate and prosecute for foreign bribery. There are a number of reason for this. First, global drug and device depend on interactions with foreign healthcare...

General

8 Jul, 2020

Alexion Pays SEC $21 Million for FCPA Violations (Part I of II)

Notwithstanding the pandemic and remote working arrangements, the Securities and Exchange Commission is continuing to bring FCPA enforcement actions. In its latest action, the SEC settled with Alexion Pharmaceuticals for $21 million for foreign bribery and books and records violations. Alexion is a global pharmaceutical company. Its first drug, Soliris was approved to treat two ultra-rare diseases, paroxysmal nocturnal hemoglobinuria (“PNH”), which causes red blood...