Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Brazil Enacts Long-Pending Anti-Corruption Legislation
November 25, 2013
Brazil's national government has taken long-awaited action in adopting sweeping anti-corruption legislation, a critical step in the ongoing battle against corruption and a direct answer to acute pressures mounting within Brazil and around the world. The new law, known as the “Clean Company Law,” is scheduled to take effect in January 2014 ' prior to Brazil's hosting of the 2014 World Cup and 2016 Summer Olympics ' and will materially change Brazil's anti-corruption enforcement landscape.
The Clean Company Law establishes offenses and corresponding penalties for legal entities that engage in corruption or in fraudulent acts relating to public tenders and government contracts. In doing so, the new law helps fulfill Brazil's obligations under the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Transactions (OECD Anti-Bribery Convention).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.