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What could be worse than a several-hundred-million dollar Foreign Corrupt Practices Act fine hitting your company? How about not being allowed to even compete for many of your most important contracts for a period of several years.
What could be worse than a several-hundred-million dollar Foreign Corrupt Practices Act fine hitting your company? How about not being allowed to even compete for many of your most important contracts for a period of several years. While most international companies are by now keenly aware of anti-corruption laws such as the FCPA and the UK Bribery Act, there is generally less awareness of the enforcement regimes the World Bank Group and other multilateral development banks (MDBs) have developed to combat the improper use of the funds they lend. With more than 1,000 entities and individuals currently debarred by the bank alone, the MDBs have increasingly become investigative and enforcement heavyweights, capable of imposing crippling sanctions such as multiyear debarments. Every company participating in MDB-financed projects must be cognizant of their compliance guidelines and the impact of their investigative and disciplinary functions.
By Jonathan B. New and Victoria L. Stork
In May 2018, the Department of Justice (DOJ) announced a new policy to address a growing problem in white-collar criminal and civil enforcement. With increased…
By Robert J. Anello and Justin Roller
Part One of a Two-Part Article
What was once perceived as a straightforward limitation on the government’s significant enforcement powers has become obscured by statutes and court interpretations that tend to elongate the period for the government to act in ways that often are not transparent to even experienced criminal practitioners.
By Robert J. Stearn, Jr., Cory D. Kandestin and Christopher M. De Lillo
Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware
Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?
By Sue Reisinger
Here’s a sure way to lose half your cooperation credit in a federal investigation: Let your in-house counsel advise employees not to cooperate with U.S. prosecutors.