Category: Client Alerts

On November 29, 2017, Deputy Attorney General Rod Rosenstein announced that the U.S. Department of Justice (DOJ) was issuing a new enforcement policy covering its enforcement of the Foreign Corrupt Practices Act (FCPA). The new “FCPA Corporate Enforcement Policy” formalizes prior internal guidance and makes permanent aspects of the DOJ’s 2016 “pilot program” for corporate… Read more »

Key Points: Investigators searched Jones Day to seize documents related to the law firm’s internal investigation of Volkswagen. In principle, the German criminal procedure law does protect the attorney-client privilege. According to some authorities and courts, however, representatives of companies do not enjoy the privilege if criminal proceedings are being conducted against individual employees. Companies… Read more »

Key Points: The French Anticorruption Agency (AFA), created by the Sapin 2 law, replaces the Central Service of Corruption Prevention (SCPC). The decree published on March 16, 2017 provides for the roles and responsibilities of the Agency which will comprise of a Strategic Committee, Control and expertise units and a Sanctions’ Committee. The AFA will… Read more »

Key takeaways: The so-called Yates Memorandum directs that a) line prosecutors focus on individuals when investigating allegations of corporate misconduct; b) DOJ’s awarding of “cooperation credit” should be based on how companies respond to allegations of wrongdoing. SEC will “pursue even the smallest infractions” in order to foster a culture of legal compliance. Regulators will… Read more »

Key Points:  In the UK, so-called Deferred Prosecution Agreements (DPAs) replaced the self-reporting procedures for companies in 2014 which apply to economic crimes committed by companies; Deferred Prosecution Agreements take the form of a statement of facts (which give particulars of offence and include details of financial gain or loss) and agreed terms (whilst fact… Read more »

Key Takeaways  New Anti-Bribery legislation passed by the Korean National Assembly to come into force in September 2016. Scope of corporate criminal liability enhanced to include bribes paid by employees. Definition of the public official expanded to include employees of private schools, members of the media who are registered under Korean law, and “civilians who… Read more »

Key Takeaways Brazil’s ‘Clean Companies Act’ seeks to impose civil and administrative liability on legal entities engaging in acts of corruption. Acts of employees, agents and representatives can make a legal entity liable (strict liability) even if such acts are not institutional or authorised. Administrative penalties of up to 20% of gross revenues may be… Read more »

Key Takeaways This amendment to the Spanish Penal Code introduces an exemption from the criminal liability for those companies which implement an organisation and management model for the prevention of criminal misconduct (compliance program). The establishment of criminal compliance programs will henceforth be the only means of exculpation from criminal liability for companies. Any criminal… Read more »

Key Takeaways New Colombian draft law proposes to impose severe administrative sanctions on companies that engage in transnational bribery. The new legal framework applies both to Colombian subsidiaries and branches of multinational companies. Administrative fines can be imposed up to USD 50 Million. Companies may be liable to have imposed on them the “inability for… Read more »

Changes in the Polish criminal law – potential impact on prosecution of companies and white collar crime matters Changes to the national criminal law regulations (effective as of the 1st of July 2015) could result in an increased risk of direct prosecution of corporations in Poland, with harsher penalties. Under the amended criminal law regulations,… Read more »