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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Bill Steinman
Contributing Editor

Illya Antonenko: Should U.S. companies even care about GDPR?

We’re based in the United States, so how does the GDPR concern us?

GDPR’s Article 3(1) ties the GDPR’s territorial scope to being established in the EU, while Article 3(2)(a) extends the GDPR’s reach to those non-EU companies that offer products or services to individuals in the EU.… Continue Reading

Ryan Rohlfsen: How much will US v. Hoskins impact FCPA coverage?

On August 24, the United States Court of Appeals for the Second Circuit ruled that a non-resident foreign national cannot be held criminally liable for aiding or abetting or conspiring to violate the Foreign Corrupt Practices Act, unless the government can show that he acted as an agent of a “domestic concern” or while physically present in the United States.… Continue Reading

Second Circuit affirms most of Hoskins dismissal

A federal appeals court ruled Friday that a non-resident foreign national cannot be charged with conspiracy to violate the Foreign Corrupt Practices Act or with aiding and abetting a violation of the FCPA, unless the government can show that he acted as an agent of a “domestic concern” or while physically present in the United States.… Continue Reading

Federal Court: DOJ free to pursue alternate theories for FCPA jurisdiction

Timothy D. Belevetz of Holland & Knight In the closely-watched criminal case against Chi Ping Patrick Ho pending in the Southern District of New York, the court last week rejected the defendant’s argument that an indictment cannot stack FCPA charges by alleging competing bases for jurisdiction. 

Ho, the head of a Hong Kong-based NGO, was indicted (pdf) in November 2017 for allegedly offering $2 million to the president of Chad in order to facilitate oil rights for a Chinese energy company and $500,000 to the foreign minister of Uganda to secure a banking deal for the company.  In April, he filed a motion to dismiss certain of the FCPA counts.… Continue Reading

Xavier Oustalniol: Will France expand the scope and reach of its anti-corruption agency?

The Special Investigative Commission of the National Assembly has released a report on the conditions surrounding foreign investments in French companies of strategic importance.

While the report discusses French industrial policy in the context of globalization more broadly, it also provides insight into how the French government may strengthen the Agence Française Anticorruption (AFA) and its ability to cooperate with foreign regulators on investigations involving corruption.Continue Reading

Practice Note: New French law expands jurisdiction over foreign graft

In December 2016, France enacted an anti-corruption law known as Sapin II. The law was named after Michel Sapin, the then Minister of Finance, who said when presenting the bill: “In the fight against corruption, France cannot just satisfy itself with the existing situation.”

The shortcomings of pre-Sapin II French law were plain to see.… Continue Reading

No FCPA jurisdiction based solely on conspiracy and accomplice liability, court rules

On March 16, the U.S. District Court for the District of Connecticut affirmed its earlier ruling that a non-resident foreign national cannot be charged with conspiracy to violate the Foreign Corrupt Practices Act or with aiding and abetting a violation of the FCPA, unless the government can show that he acted as an agent of a “domestic concern” or while physically present in the United States.… Continue Reading