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In last month's issue, we said that all General Counsel should be keenly aware of July 1, the date when the new UK bribery act will take effect. We warned that the Act has extra-territorial reach and will impact almost every corporation doing business internationally. We conclude this month with a look at what prosecutors are contemplating and what U.S. businesses should do.

FCPA: Recent Enforcement Activity Sounds Warning for Financial Services Industry

When Cheryl J. Scarboro, Chief of the SEC's Foreign Corrupt Practices Act (FCPA) enforcement unit, remarked in November 2010 that her unit "will continue to focus on industry-wide sweeps and [that] no industry is immune from [FCPA] investigation," the financial services industry would have been wise to take notice.

The UK Bribery Act

All General Counsel should reach for their calendars now and circle July 1. That's the date when the new UK Bribery Act will take effect. The Act has extra-territorial reach and will impact almost every corporation doing business internationally.

'Simple' Statute and 'Affirmative Defense' Lead to Another Dismissed Indictment

Adding to the long list of failed prosecutions, the United States District Court for the District of Maryland dismissed an indictment against Lauren Stevens, former in-house counsel for GlaxoSmithKline (GSK).

Erratum

A correction.

In the Courts

Analysis of a recent ruling by the Fifth Circuit.

Business Crimes Hotline

Recent important rulings.

Major Embezzlements

Embezzlements are rarely large enough to cause major concern to in-house counsel, directors, officers and other members of management. But under at least four scenarios, embezzlements can threaten an entity's ability to execute its overall strategy.

Insuring Against Cyber Crime

Law firms are ranked ninth in terms of organizations with the highest risk of cyber exposure.

In the Courts

In-depth analysis of important key cases.

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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.
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The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
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The 'Sophisticated Insured' Defense
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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The New York Uniform Commercial Code Comes of Age
Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.
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