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Anti-Corruption & Foreign Corrupt Practices Act (FCPA)

  • Anderson and Sokenu Publish Article in Directors & Boards

    24 Mar 2015
    New York litigation partners Paula Anderson and Claudius Sokenu co-authored an article, titled “How a Skilled Board Should Manage an Internal Investigation,” that was published in the First Quarter 2015 issue of Directors & Boards.
  • Shearman & Sterling Lawyers Publish Article on FCPA’s Influence on International Arbitration in New York Law Journal

    10 Feb 2015
    In an article titled “A Bribe Is a Bribe: FCPA’s Influence on International Arbitration,” published in the New York Law Journal on February 9, partners Philip Urofsky (Litigation-Washington, DC) and Henry Weisburg (International Arbitration-New York) and associate R. Zachary Torres-Fowler (International Arbitration-New York) examine the litigation risks associated with FCPA investigations in the US courts. The authors consider the implications that FCPA liability may have on clients’ recourse to foreign investment protections and bilateral investment treaties, as well as related international arbitration.
  • Ellison Article on FCPA for Brazilian Companies

    26 Jan 2015
    São Paulo Managing Partner Robert Ellison and Carlos Lobo, partner at Brazilian firm Veirano Advogados and a former Shearman & Sterling international associate, co-authored an article titled “Companhias Abertas e a Lei Anticorrupção” (Listed Companies and the Anti-Corruption Law), published in the Brazilian financial newspaper Valor Econômico.
  • Shearman & Sterling's Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act (FCPA)/FCPA Digest

    5 Jan 2015
    Shearman & Sterling’s bi-annual Trends & Patterns report provides insightful analysis of recent enforcement trends and patterns in the US, the UK, and elsewhere as well as helpful guidance on emerging best practices in FCPA and global anti-corruption compliance programs.
  • Gifts of Travel and Luxury Watches to Saudi Officials Not Mere 'Icing on the Cake' for FCPA Charges

    21 Nov 2014
    Earlier this week, the SEC announced fines for two former defense contractor employees for FCPA violations relating to gifts given to Saudi officials. The individuals, Stephen Timms and Yasser Ramahi, each consented to the entry of settled administrative proceedings and agreed to pay $50,000 and $20,000 in fines, respectively. According to the SEC, in 2008 and 2009 the two men (employees of Boston-based FLIR Systems, Inc. at the time and each a US citizen) gave Saudi officials luxury watches and a 20-night multi-continent trip to win contracts for binoculars and security cameras. This enforcement action is noteworthy for being one of very few premised solely on improper gifts.
  • SEC Settlement with Layne Christensen Raises New Questions on the Government’s Understanding of the Business Nexus Element of the FCPA

    4 Nov 2014
    Last week the SEC settled charges against Layne Christensen for various violations of the FCPA. While a relatively unremarkable case at first glance, the SEC’s charges against Layne Christensen reflect a troubling approach by enforcement agencies to disregard the “business nexus element” of the FCPA’s anti-bribery provisions. These recent practices appear to contradict the Fifth Circuit’s opinion in United States v. Kay and create greater uncertainty as to the scope of the statute.
  • Sanctions Round-Up: Third Quarter 2014

    20 Oct 2014
    The third quarter of 2014 was marked by the issuance and then significant expansion of U.S. and E.U. sanctions targeting specific sectors of the Russian economy. These sectoral sanctions complement ongoing efforts by both jurisdictions to identify and designate persons contributing to the ongoing instability in eastern Ukraine.
  • Russia Sanctions: Impact on Financial Institutions in the US, EU and Japan

    25 Aug 2014

    New sanctions targeting Russia have been implemented in the US, EU and Japan. Although the consequences of breaching the sanctions are severe, navigating the rules is not straightforward. Transactions and business lines will need to be reconsidered in light of the complex rules to which they may be subject. This client publication highlights the key issues and differences in the US, EU and Japanese rules that companies should understand.

  • Shearman & Sterling's Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act (FCPA)/FCPA Digest

    21 Jul 2014
    Shearman & Sterling’s bi-annual Trends and Patterns report provides insightful analysis of recent enforcement trends and patterns in the US, the UK, and elsewhere as well as helpful guidance on emerging best practices in FCPA and global anti-corruption compliance programs. While the first half of 2014 brought relatively fewer corporate enforcement actions, higher than average penalties, increased individual prosecutions, and several developments in ongoing cases have provided insights into evolving enforcement trends.
  • Sanctions Round-Up: Second Quarter 2014

    9 Jul 2014

    The headline for the second quarter is, of course, the United States’ enforcement action against Bank BNP Paribas and its breathtaking penalty of $8.9 billion, tied to the allegedly intentional evasion of the US sanctions programs for Sudan and, to a lesser extent, Iran and Cuba. This settlement capped off a series of enforcement actions by US authorities against a variety of actors stemming from violations of all sizes.

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