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Profit counting - the Pfizer FCPA settlement

Sheppard Mullin Richter & Hampton LLP
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USA
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August 27 2012

On Aug. 8, 2012, the U.S. Department of Justice and the U.S. Securities and Exchange Commission announced agreements with the drug manufacturer Pfizer Inc. to settle allegations that a Pfizer subsidiary had paid bribes to non-U.S. doctors and health care system personnel in exchange for prescribing Pfizer products

Second Circuit holds that SEC need not prove "proximate cause" for aiders and abettors under Section 20(e) of the Securities Exchange Act of 1934

Sheppard Mullin Richter & Hampton LLP
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USA
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August 15 2012

In SEC v. Apuzzo, 2012 WL 3194303 (2d Cir. Aug. 8, 2012), the United States Court of Appeals for the Second Circuit clarified the standard for finding liability for aiding and abetting under Section 20(e) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. 78t(e

First Circuit upholds dismissal of securities fraud action based upon immateriality of allegedly omitted information

Sheppard Mullin Richter & Hampton LLP
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USA
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July 27 2012

In In re Boston Scientific Corp. Securities Litigation, 2012 WL 2849660 (1st Cir. July 12, 2012), the United States Court of Appeals for the First Circuit affirmed the dismissal of a securities class action lawsuit against Boston Scientific Corporation (the “BSC”

Eleventh Circuit reverses in part securities fraud judgment against clearing broker in an action brought by the SEC

Sheppard Mullin Richter & Hampton LLP
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USA
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June 18 2012

In Securities & Exchange Commission v. Goble, 2012 WL 1918819 (11th Cir. May 29, 2012), the United States Court of Appeals for the Eleventh Circuit held that the recording of a sham transaction in the corporate books did not constitute “securities fraud” in violation of Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. 78j(b), and Securities & Exchange Commission (“SEC”) Rule 10b-5, 17 C.F.R. 240.10b-5, because “a misrepresentation that would only influence an individual’s choice of broker-dealers cannot form the basis for 10(b) securities fraud liability.”

Meaning of FCPA's "foreign official" causes uncertainty for companies doing business abroad

Sheppard Mullin Richter & Hampton LLP
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USA
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June 15 2012

One of the goals of the Foreign Corrupt Practices Act (“FCPA”) is to prevent U.S. companies and individuals from paying bribes to foreign officials in exchange for business

Meaning of FCPA's "foreign official" causes uncertainty for companies doing business abroad

Sheppard Mullin Richter & Hampton LLP
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USA
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May 24 2012

One of the goals of the Foreign Corrupt Practices Act (“FCPA”) is to prevent US companies and individuals from paying bribes to foreign officials in exchange for business

Aggressive FCPA enforcement persists: increased activity, along with recent legal developments, mandate that companies remain vigilant

Sheppard Mullin Richter & Hampton LLP
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USA
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February 2 2012

Enforcement of the U.S. Foreign Corrupt Practices Act continues to increase dramatically

Even the bagman: foreign agent sentenced to thirty month prison term for FCPA violations

Sheppard Mullin Richter & Hampton LLP
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USA
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January 17 2012

On December 22, 2011, Ousama Naaman, a former agent for Innospec Inc., was sentenced to serve 30 months in prison and pay a fine of $250,000 following his guilty plea to charges of violating the FCPA and conspiracy to violate the FCPA, among others

Clarity required: Iran sanctions convictions reversed in U.S. v. Banki

Sheppard Mullin Richter & Hampton LLP
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USA
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December 9 2011

Introduction: On October 24, 2011, a three-judge panel of the U.S. Court of Appeals for the Second Circuit released an opinion in United States v. Banki, No. 10-3381 (2d Cir. Oct. 24, 2011) that reversed convictions of Defendant Mahmoud Reza Banki on charges of conspiring to violate the Iranian Transaction Regulations (“ITR”) and aiding and abetting violations of the ITR

Ninth Circuit latest to permit corporate liability under alien tort statute; Supreme Court to resolve circuit split in 2012

Sheppard Mullin Richter & Hampton LLP
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USA
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November 23 2011

In Sarei v. Rio Tinto, PLC, Nos. 02-56256, 02-56390, 09-56381, 2011 WL 5041927 (9th Cir. Oct. 25, 2011), the United States Court of Appeals for the Ninth Circuit became the latest Circuit to hold that corporations may be held liable under the Alien Tort Statute (“ATS”), 28 U.S.C. 1350

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Profit counting - the Pfizer FCPA settlement

Second Circuit holds that SEC need not prove "proximate cause" for aiders and abettors under Section 20(e) of the Securities Exchange Act of 1934

First Circuit upholds dismissal of securities fraud action based upon immateriality of allegedly omitted information

Eleventh Circuit reverses in part securities fraud judgment against clearing broker in an action brought by the SEC

Meaning of FCPA's "foreign official" causes uncertainty for companies doing business abroad

Meaning of FCPA's "foreign official" causes uncertainty for companies doing business abroad

Aggressive FCPA enforcement persists: increased activity, along with recent legal developments, mandate that companies remain vigilant

Even the bagman: foreign agent sentenced to thirty month prison term for FCPA violations

Clarity required: Iran sanctions convictions reversed in U.S. v. Banki

Ninth Circuit latest to permit corporate liability under alien tort statute; Supreme Court to resolve circuit split in 2012

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