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The U.S. Department of Justice’s November 2019 trial conviction of Lawrence Hoskins, a UK citizen employed by the French energy company Alstom, for violating the Foreign Corrupt Practices Act (FCPA) drew increased attention to the global reach of U.S. law and DOJ policy in pursuing targets who have had little or no contact with the United States. The Hoskins case highlighted the manner by which the DOJ (and the SEC, which has civil enforcement jurisdiction under the FCPA) can harness the common-law doctrine of agency to expand the reach of the statute.
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Conducting Internal Investigations During the COVID-19 Pandemic
By Jacqueline C. Wolff, Scott T. Lashway, and Matthew M.K. Stein
In times of crisis, criminal activity — particularly crimes involving theft and fraud — tend to spike. There is no reason to believe that the Covid-19 pandemic and the unrest in the financial markets will be any different. An important difference for company counsel, however, will be in how the malfeasance, negligence or wrongdoing can be investigated.
Force Majeure and the Doctrine of Impossibility
By John Kelly
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the “force majeure” provision.
New Normal Sets In for White-Collar Lawyers in the Virus Era
By C. Ryan Barber
In a practice that prizes in-person meetings, virtual communication has become commonplace.
The Importance of ‘Particulars’ in Criminal Fraud Cases
By Elkan Abramowitz and Jonathan Sack
This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The decision in that case highlights the importance of seeking bills of particulars in fraud cases.
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