Extending compliance programs to subcontractors has always been tricky. Interfere too much, and your company becomes liable for whatever goes wrong. A hands-off approach won’t work either. When subs flake out, prosecutors blame the head-in-the-sand attitude for the damage.… Continue Reading
Posts Tagged: Jurisdiction
ESG reporting can — and frequently does — involve the public disclosure of sensitive information. Reporting typically includes information related to business and operations that directly address some of the most hot-button issues of our day. … Continue Reading
How much due diligence is enough when dealing with Chinese companies? Here’s a better way to ask the question: If Chinese companies are beyond the reach of U.S. law, is any amount of due diligence enough?… Continue Reading
It made sense for Lawrence Hoskins to challenge whether the Foreign Corrupt Practices Act could apply to him. He had worked for Alstom SA, a French company, in Paris. He carried a UK passport and said he never set foot in the United States.… Continue Reading
Among the weird facts about the FCPA is who can decide to launch a criminal investigation or bring an enforcement action, and which government lawyers along the way will do the heavy lifting.… Continue Reading
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
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
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
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. … Continue Reading
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
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.”… Continue Reading
The arguments for prosecuting grand corruption at the International Criminal Court as a crime against humanity are persuasive.