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James M. Keneally Kelley Drye & Warren LLP

Results 1 to 5 of 7



Unprecedented leak of confidential financial information may lead to further crackdown by global tax authorities *

USA - April 4 2013
In an unprecedented leak of confidential financial information relating to the identity and details of more than a reported 100,000 individuals and…

Co-authors: Gregory McKenzie, Andrew H. Lee.


Ninth Circuit rejects First Amendment defense in wire fraud case regarding drug misbranding *

USA - March 8 2013
This is a follow-up to our post late last year on the Second Circuit decision in US v. Caronia, which overturned a defendant's off-label marketing…


Second Circuit overturns off-label marketing conviction on First Amendment grounds *

USA - December 10 2012
Applying the First Amendment in a way that could significantly alter the prosecutorial and regulatory landscape in Food and Drug cases, the United States Court of Appeals for the Second Circuit has overturned the conviction of a pharmaceutical sales representative for conspiring to introduce a misbranded drug into interstate commerce, where his prosecution and conviction were based on conversations he had with physicians about off-label uses for an approved drug. 

Co-authors: Don D. Buchwald, Sarah Roller, Julian Solotorovsky, Alan R. Kaufman.


DOJ and SEC provide hallmarks of an effective FCPA compliance program *

USA - November 26 2012
On November 14, 2012, the Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) issued “A Resource Guide to the U.S. Foreign Corrupt Practices Act,” a highly anticipated joint guidance aimed at assisting companies with FCPA compliance.

Co-authors: Don D. Buchwald, Craig A. Convissar, Julian Solotorovsky, Alan R. Kaufman, Eric R. McClafferty.


BizJet FCPA settlement illustrates the benefits of self-reporting and compliance *

USA - March 23 2012
On March 14, BizJet International Sales and Support, Inc. (“BizJet”), signed a Deferred Prosecution Agreement (”DPA”) with the Department of Justice (DOJ), the terms of which will allow it to pay $11.8 million to the United States in order to avoid criminal prosecution under the Foreign Corrupt Practices Act (“FCPA”).

Co-authors: Don D. Buchwald, Darryl W. Jackson, Craig A. Convissar, Julian Solotorovsky, Alan R. Kaufman.


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