North America

U.S. Trends in Antitrust Enforcement of Cartels and Mergers in a Global Environment

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As we turn the calendar to 2016, we take a look at some of the trends and developments in U.S. antitrust enforcement from 2015.

Overview of U.S. “Implementation Day” Sanctions Relief Under the JCPOA

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This post provides you with a brief summary of the sanctions relief that the U.S. Government instituted on Implementation Day.

EU and US Sanctions Relief for Iran Under the Joint Comprehensive Plan of Action...

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On January 16, 2016, the International Atomic Energy Agency certified that Iran had fulfilled its nuclear-related commitments under the Joint Comprehensive Plan of Action in order for the JCPOA’s “Implementation Day” to take effect. Accordingly, EU and US sanctions relief for Iran that was outlined in the JCPOA has simultaneously gone into effect.

US Government Issues Cyber-Related Sanctions Regulations

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On Thursday, December 31, 2015, the US OFAC issued the Cyber-Related Sanctions Regulations, 31 C.F.R. Part 578 , which implement Executive Order 13694 of April 1, 2015 (“Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities” or the “Cyber EO”).

Proportionality in Sentencing (Canada): White Collar Offenders Beware

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On December 17th 2015 the Supreme Court of Canada in the decision of R. v. Lacasse [1] sent a warning to ordinarily law abiding citizens who commit impaired driving, by upholding a six and a half year term of imprisonment for the offence of impaired driving causing the death of two people.

Antitrust risk re-assessment in newly concentrated markets: practical ways to preserve freedom from investigation

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The economic literature explains that most markets tend towards oligopoly over the longer term. This does not necessarily imply that competition is impaired.

The Expanding Sanctions Regimes of Multilateral Institutions

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This event will explore the sanctions regimes of development banks, in parallel with those of the U.S. Department of Justice and Securities and Exchange Commission. A panel of experts will share observations on the evolving sanctions landscape and will provide practical guidance to companies in order to avoid unwanted enforcement scrutiny.

Focusing on Individual Accountability for Corporate Wrongdoing

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Balancing corporate resolution of high-profile criminal and civil cases against companies for fraud and other misconduct with the prosecution of individuals has become a top policy priority for the U.S. Department of Justice (DOJ). On September 9, 2015, Deputy U.S. Attorney General Sally Yates issued a memo to all DOJ attorneys to provide guidance to prosecutors handling cases involving both companies and individuals. There are several significant developments directors should be aware of.

Impact of U.S. Sentencing Guidelines Amendments on Fraud and Economic Crime on Prosecutions of...

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On November 1, 2015, several important amendments to the U.S. Sentencing Guidelines became effective. The amendments include changes to the guidelines governing fraud and economic crime that will have a significant impact on the prosecution of individuals for a wide range of conduct. We summarize several of the amendments that could have a significant impact on sentencing and settlement negotiations in FCPA cases.

Manufactured Items, But Not Necessarily Items Manufactured – Canada’s Petroleum Substances Notice

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As part of the flurry of Chemical Management Plan reporting obligations initiated earlier this year, Environment Canada issued its Notice With Respect to Certain Priority Petroleum Substances on the Domestic Substance List under the Canadian Management Plan.
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