Updates

  • March 28, 2016—Supreme Court denied cert petition in Bebo v. SEC: The Court denied petitioner Bebo's petition for writ of certiorari (filed in February 2016) and let stand the Seventh Circuit's opinion that Bebo must first exhaust her remedies via the SEC's "in-house" administrative proceedings before filing suit in federal court. Mark Cuban was among those who filed amicus briefs in support of Bebo's petition. We most recently covered the Bebo case in our October 2015 newsletter under "Wherefore Art Thou Due Process? Part III."
  • March 16, 2016—Judge denied motion to reconsider ruling in U.S. v. Hoskins: District of Connecticut Judge Janet Bond Arterton denied the government's motion to reconsider her August 13, 2015, ruling inU.S. v. Hoskins that limited the government's theory of "accomplice liability" under the FCPA. See here to read Judge Arterton's "Ruling Denying the Government's Motion for Reconsideration." We covered Judge Arterton's August 13, 2015, ruling in our September 2015 newsletter under "Judge Limits FCPA 'Accomplice Liability' inHoskins." It is expected that the government will appeal.

Briefly Noted

  • April 6, 2016—The FCPA Blog announced the creation of The FCPA Enforcement Action Database: The searchable database depicts every DOJ and SEC FCPA enforcement action starting from January 1, 2008, through the present day and will be updated as the enforcement actions are announced. The database graphs the actions in several different ways (by year, by industry, by country, etc.), summarizes each one, and links back to the relevant entry on the FCPA Blog.
  • March 16, 2016—NAVEX Global 2016 Ethics and Compliance Hotline Benchmark Report: Law.com reported that ethics and compliance advisory company NAVEX Global issued its Ethics and Compliance Hotline Benchmark Report for 2016, which found after analyzing approximately 860,000 reports from 2,300 organizations that, among other things, (i) companies are taking longer to investigate and close whistleblower cases (a median 46 calendar days in 2016, up from 39 in 2014 and 32 in 2011), (ii) companies are able to substantiate 41% of all whistleblower reports, up from 30 percent in 2010, and (iii) companies that collect complaints only from websites and hotlines have an "incomplete picture of risk" and that "employers recording complaints from all channels, such as email and walk-ins," document 72% more whistleblower reports.

Talks about town:

  • On April 18, 2016, Assistant Attorney General Leslie R. Caldwell spoke at the Health Care Compliance Association's 20th Annual Compliance Institute in Las Vegas.
  • On March 30, 2016, Assistant Attorney General John P. Carlin delivered keynote remarks at the Intellectual Property Protection and Cybersecurity Roundtable at Iowa State University.
  • On March 21, 2016, Deputy Attorney General Sally Q. Yates spoke at the Ninth Meeting of the National Commission on Forensic Science in Washington, D.C.
  • On March 16, 2016, Attorney General Loretta Lynch spoke at the Organization for Economic Co-Operation and Development Anti-Bribery Ministerial Meeting in Paris, France.