Category Archives: Anti-Corruption

French Anticorruption Authorities Issue New Guidance Regarding Internal Investigations

Key Takeaways

  • Companies in France should have detailed procedures covering investigations of wrongdoing and should also clearly lay out employees’ rights and obligations during such investigations.
  • Investigative tools must be proportionate to the wrongdoing and should respect the privacy rights of employees.
  • Companies in France should be engaged in an iterative process of updating policies regarding investigating misconduct.

On March 14,… More

First Circuit Narrows Whistleblower Protections of Sarbanes-Oxley

On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential violations of the Foreign Corrupt Practices Act (FCPA). The ruling in Baker v. Smith & Wesson, Inc., 40 F.4th 43 (1st Cir. 2022) is the second recent decision narrowing the important whistleblower protections of the Act,… More

Anti-Corruption in 2022: A Look Ahead

This is the second post in this year’s series examining important trends and new development in white collar law and investigations.  Our previous post discussed health care enforcement. Up next: trends in tax enforcement.

As the Biden administration moves into its second year, we anticipate both an increase in U.S. anti-corruption enforcement activity, and a broader, whole-of-government approach that seeks to encourage and reward international partners for their efforts in combatting corruption. … More

Anti-Corruption 2021

This is the third in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed sanctions and export control trends. Up next, congressional inquiries.

Anti-Corruption Enforcement Under the Biden Administration

The FCPA Will Remain an Enforcement Priority

As evidenced by the nearly $2.8 billion in monetary remedies collected by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) in 2020 – including through resolution of two of the largest global corruption cases in history – FCPA enforcement remained a priority for the DOJ and the SEC.… More

Sanctions/Export Controls Trends in 2021

This is the second in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed SEC enforcement. Up next, anti-corruption trends.

The recent change in administrations has generated much discussion about what to expect in the worlds of export controls and sanctions in 2021.  In general,… More

SCOTUS Overturns Federal Program and Wire Fraud Convictions Resulting from Bridgegate Scandal

Earlier today, the Supreme Court threw out federal program and wire fraud convictions for two former public officials who conspired to induce traffic jams in Fort Lee, New Jersey as political retaliation in 2013.  Bridget Anne Kelly and William Baroni were convicted of fraud charges in 2015 for their role in diverting lanes of traffic on the George Washington Bridge to “send [Fort Lee’s Mayor Mark Sokolich] a message” after Sokolich refused to support Governor Christie’s re-election campaign in 2013. … More