Amendments to FCPA Corporate Enforcement Policy In March 12, 2019, the US Department of Justice (DOJ) modified the FCPA Corporate Enforcement Policy (the “Policy”). This Policy credits corporations that voluntarily self-disclose, provide full cooperation, and demonstrate timely and appropriate remediation in FCPA matters with a presumption of declination absent aggravating…
On 5 September 2018, the UK Court of Appeal (CA) overturned the 2017 High Court ruling in SFO v ENRC [2017] WLR(D) 317 (ENRC Decision) and held, among other things, that notes of interviews with company employees are protected by litigation privilege even if a formal criminal investigation has not been commenced…
The US Court of Appeals held that a non-resident foreign national cannot be guilty of violating the US Foreign Corrupt Practices Act as an accomplice or a co-conspirator if that person was incapable of committing it as a principal.
The UK Serious Fraud Office obtained a declaration that certain documents prepared during investigations by solicitors and forensic accountants into the activities of a UK-incorporated multinational corporation were not subject to legal professional privilege.
China has launched the “two-invoice” system in drug distribution on a trial basis, aiming to improve transparency in drug prices and eliminate excessive profit margins associated with multi-tier distribution models.
In a noteworthy trend picked-up by Trace International’s Global Enforcement Report, in 2014 non-U.S. enforcement actions concerning bribery of foreign officials outpaced U.S. enforcement actions for the first time. The widely held perception has been that only the United States enforces its anticorruption laws. The recently released report indicates enforcement by…
On 3 December 2014, Transparency International (“TI”) launched its latest Corruption Perceptions Index (“CPI”) 2014. The CPI ranks countries and territories based on how corrupt their public sector is perceived to be. In this latest CPI, 175 countries are included. Significance of the CPI The CPI Index was established in 1995 as a…