• Business Crimes Bulletin

    The Updated FCPA Resource Guide

    Jacqueline C. Wolff

    Something Old, Something New, Something Borrowed, Something Blue

    this second edition contains some new “hypotheticals” — facts of actual cases the DOJ finds important enough to focus on — and, in keeping true to its name, has included additional resources and links for chief compliance officers looking to design and audit their companies’ anticorruption compliance programs.

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  • Business Crimes Bulletin

    FIFA Decision Confirms Long Arm of Honest Services Fraud

    Robert J. Anello and Richard F. Albert

    United States v. Napout

    The U.S. government’s lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world’s policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive’s home country?

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  • Business Crimes Bulletin

    Is an ‘Official Act’ An Element of Public and Private Corruption?

    Elkan Abramowitz and Jonathan S. Sack

    This article discusses cases that have begun to address whether “official act” is an element in a private honest services fraud prosecution.

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  • Business Crimes Bulletin

    Lessons from the Insider Trading Prohibition Act After Its Likely Demise In the Senate

    Telemachus P. Kasulis

    For a moment there, it really looked like it was going to happen. After a long and winding road, insider trading reform had reached the floor of the House of Representatives for a vote. The Insider Trading Prohibition Act (ITPA) had support on both sides of the aisle and on Dec. 5, 2019, the House voted to pass the ITPA. Then the bill went to the Senate and vanished. We should take this opportunity to learn what lessons we can from the successes and failures of the ITPA as a bill with an eye toward fashioning the best possible legislation next time — whenever that may be.

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  • Business Crimes Bulletin

    An Ounce of Prevention: Preparing for CARES Act Fraud Investigations

    Nekia Hackworth Jones

    The government appears to be fulfilling its commitment to rooting out PPP fraud, even when the amount at issue falls below the $2 million threshold. No matter the size of the loan, a company that obtained PPP funds is not immune from a possible government investigation or audit. Borrowers have already started to submit loan forgiveness applications, and many more will be submitted in the weeks ahead, and both lenders and the government will be scouring these submissions for red flags.

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  • Business Crimes Bulletin

    Survey Says: Tips On Getting Over the Daubert Hurdle

    Rebecca Kirk Fair, Peter Hess and Vendela Fehrm

    This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.

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  • Business Crimes Bulletin

    Where Will the Needle Land?

    Scott Pink and John Dermody

    COVID-19 Contact Tracing v. Protecting Personal Privacy

    As states roll back stay-at-home orders, contact tracing has quickly emerged as an essential tool to manage the spread of the coronavirus and allow the country to return to work safely. But innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.

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  • Business Crimes Bulletin

    Preparing for the LIBOR Phase Out: Contract Remediation Starts with Contract Intelligence

    Ryan Drimalla and Karl Dorwart

    The London Interbank Offered Rate has long been the global basis for agreements that include a variable interest rate component. However, LIBOR would be replaced by other benchmarks by the end of 2021. Key to assessing risk of exposure, quantifying the financial impact, developing remediation plans and communicating material information to stakeholders will be the identification, analysis and remediation of LIBOR-based contracts.

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  • Business Crimes Bulletin

    Supreme Court Reins in Broad Reading of Fraud Statutes with ‘Bridgegate’ Case Ruling

    Robert J. Anello and Richard F. Albert

    When federal prosecutors focus their attention on high profile misconduct that is not an obvious violation of federal criminal law, they often cannot resist the attractions of broadly worded “catch-all” fraud statutes. From time to time, however, the U.S. Supreme Court has pushed back on efforts to further expand the boundaries of these statutes, leading to reversals of some well-publicized criminal convictions.

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  • Business Crimes Bulletin

    Shareholder Class Actions During, and After, COVID-19

    Margaret A. Dale and Mark D. Harris 

    Given the current turmoil in the markets, an increasing number of plaintiffs are bringing shareholder class action suits, citing corporate statements about COVID-19. As first-quarter earnings season draws to a close, now is a good time to reflect on the shareholder class actions that have been brought to date related to COVID-19, and others potentially yet to come.

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