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We found 1,386 results for "Business Crimes Bulletin"...

FCPA Anti-Bribery Liability for a Subsidiary's Conduct
December 26, 2012
The new Guidance raises the question of how much, if any, knowledge and control of a subsidiary's bribery, as opposed to its actions generally, the government believes is necessary for a parent to be held liable under the FCPA's anti-bribery provisions ' and whether the answer is different for the DOJ than for the SEC.
Business Crimes Hotline
November 26, 2012
Recent rulings of importance.
In the Courts
November 26, 2012
A recent case about sentencing guidelines.
The Internal Revenue Code and FCPA Violations
November 26, 2012
The authors continue herein with their discussion of tax consequences that may accrue when the U.S. federal government finds a company in violation of the Foreign Corrupt Practices Act (FCPA).
Conducting Discovery in Japan
November 26, 2012
Conducting discovery in Japan is not easy and litigants should not expect to obtain nearly the same quantity or quality of information from Japan. However, if you know the available discovery devices and the special procedures to take advantage of those devices, discovery may not be lost.
Grand Jury Immunity and Section 1983 Actions
November 26, 2012
Two recent decisions addressed the scope of grand jury witness civil immunity in the context of 42 U.S.C. ' 1983 actions. They are discussed herein.
Business Crimes Hotline
October 29, 2012
Tyco Resolves DOJ and SEC FCPA Enforcement Action On Sept. 24, Tyco International Ltd. (Tyco) resolved enforcement actions by the DOJ and the SEC for alleged violations of the FCPA. Fines and penalties totaled over $26 million ($13.68 in the DOJ enforcement action and over $13 million in the SEC enforcement action). As part of the resolution, Tyco Valves & Controls Middle East Inc. (TVC ME), an indirect wholly owned subsidiary of Tyco, plead guilty before…
In the Courts
October 29, 2012
In-depth analysis of a key ruling.
Tax Considerations of FCPA Violations
October 29, 2012
Last month, the authors began examination of some of the tax consequences of violations of the FCPA. They continue with that discussion herein, with a look at civil penalties.
New Legal Risks
October 29, 2012
The authors analyze the "Petri dish of anger" against the financial services sector.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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