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Contours of Bribery Analyzed By Second Circuit In Bank Corruption Case Image

Contours of Bribery Analyzed By Second Circuit In Bank Corruption Case

Elkan Abramowitz & Jonathan Sack

This article analyzes the Second Circuit's decision, which rejected the defense's arguments for narrowing the definition of "corruptly" and a "thing of value" in the context of Section 215(a)(2).

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SEC Revises Beneficial Ownership Reporting Rules Image

SEC Revises Beneficial Ownership Reporting Rules

Sarah Heaton Concannon & Alexander Schwartz

This article identifies certain information asymmetries in the SEC's beneficial ownership reporting rules, discusses the extent to which those information asymmetries are addressed (or not) under the SEC's recent rule amendments, and considers whether additional rule amendments or SEC guidance continue to be necessary.

Features

SEC Chief Warns Against 'AI Washing' Image

SEC Chief Warns Against 'AI Washing'

Maydeen Merino

Artificial intelligence could drive greater efficiency and lower costs in the finance sector but U.S. Securities and Exchange Commission Chair Gary Gensler warned last month about companies potentially making false claims about using the technology, a nefarious practice known as "AI washing."

Features

SCOTUS Seeks to Provide Clarity Over Investor Suits Image

SCOTUS Seeks to Provide Clarity Over Investor Suits

Jimmy Hoover

In a case that could either stem or unleash a tide of investor lawsuits, the Supreme Court searched for a narrow way to rule that might still be of some value to the securities bar.

Features

The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts Image

The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts

Robert J. Anello & Richard F. Albert

A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.

Features

Navigating the Complexities of Internal Investigations In the Current Climate Image

Navigating the Complexities of Internal Investigations In the Current Climate

Carrie Cohen, Brian Michael & Christine Wong

Today, internal investigations have taken on added complexity given the government's current emphasis on voluntary disclosures, the increased vigor of social justice movements, the 24/7 news cycle, and other heightened risks that often require companies to respond quickly to an unexpected event or potential crisis. To help companies navigate these complexities and best address such situations, the following strategies should be considered.

Features

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Corporate Enforcement Policy: One Year Later

Jolie Apicella

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.

Features

Lack of Transparency In SEC Settlement Penalty Calculations May Frustrate Self-reporting Image

Lack of Transparency In SEC Settlement Penalty Calculations May Frustrate Self-reporting

Michael J. Osnato Jr., Meaghan Kelly & Stephanie Hon

SEC settlements often lack explanation as to how the civil monetary penalties were calculated per the statutory framework or why such penalties were appropriate under the circumstances. This lack of transparency tends to create market confusion and may frustrate certain behavior the SEC seeks to encourage, namely self-reporting.

Features

Business Crimes Bulletin Is Going Digital Only. Here's What You Need to Know. Image

Business Crimes Bulletin Is Going Digital Only. Here's What You Need to Know.

Steve Salkin

The final print edition of Business Crimes Bulletin will be our January issue.

Features

Leveraging Data and Deal Terms to Meet the Demands of the DOJ's New M&A Safe Harbor Image

Leveraging Data and Deal Terms to Meet the Demands of the DOJ's New M&A Safe Harbor

Patrick T. Campbell, Jonathan B. New, James A. Sherer, & Lauren E. Sternbach

This article describes the DOJ's new M&A safe harbor policy and also provides practical insights on how companies engaged in M&A can meet the DOJ's expectations.

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