Investigations in Developing Countries
Conducting an internal investigation into questionable company conduct is universally a stressful experience. Imagine having to handle all that in a remote location, thousands of miles and multiple time zones away, in a developing part of the world with logistical and infrastructure challenges, and with cultural, political and legal systems that differ markedly from those in the United States.
In the Courts
A look at a Ninth Circuit ruling in a case involving the sale of unregistered securities.
FINRA's Hunt for Insider Trading Cases in Illiquid Markets
Over the last several years, the Financial Industry Regulatory Authority (FINRA) has continued to emerge as a consequential securities transaction regulator, acting in the stead of the traditional authority imposed by DOJ and the SEC. Certainly, this manner of delegation of a prosecutorial function to an administrative agency has been the subject of criticism.
Data Analytics Is Low for Corporate Investigations
Social media has become the dominant channel of communication for a spectrum of users ranging from individual bloggers to billion-dollar corporate conglomerates. However, a recent survey indicated that the use of data analytics on social media is lacking in corporate legal investigations, despite its potential.
Business Crimes Hotline
A look at a case out of California in which a former DEA agent was sentenced for extortion, money laundering, and obstruction of justice.
In the Courts
Analysis of a ruling by the Second Circuit in which three insurance brokers were convicted for an elaborate defrauding scheme.
Anticorruption Enforcement In Brazil
Last month, the authors discussed the rise in high-profile corruption investigations in Brazil, the most glaring example of which is the Petrobras scandal, which is currently sweeping up corporations and politicians alike in its wake. Considering this increased emphasis on rooting out corruption, the authors noted it would be wise for companies operating in Brazil to pay careful attention to their operations there, to ensure compliance with Brazilian and other countries laws. That discussion concludes herein.
<i>Fokker</i> and Its Aftermath: The Irony and the Legacy
While recent years have seen a rash of decisions rejecting civil settlements between the SEC and corporate defendants, <I>United States v. Fokker Services B.V.</I> represents the first time that a federal court has rejected an agreement in the criminal context.
Lessons from the $148M Fraud by Dole's GC and CEO
Last month, we discussed the fact that the Delaware Chancery Court ordered Dole Food Co. Inc. CEO David Murdock and COO and General Counsel C. Michael Carter to pay Dole shareholders $148 million for fraud in connection with the company's 2013 take-private deal. The Aug. 27 decision is one of the largest awards ever to shareholders in a deal-related lawsuit. We conclude this discussion herein.
