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Results: 1-10 of 92

Longest prison sentence yet in FCPA case

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • November 16 2011

On October 26, 2011, Joel Esquenazi was sentenced to 15 years in prison for committing and conspiring to commit both money laundering and violations of the Foreign Corrupt Practices Act (“FCPA”

Who’s a “foreign official”? Supreme Court could clarify key FCPA term

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • September 18 2014

On August 14, 2014, Joel Esquenazi and Carlos Rodriguez filed a Petition for a writ of certiorari in the U.S. Supreme Court seeking clarification of

Ninth Circuit affirms dismissal with prejudice of Corinthian Colleges securities fraud class action

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • August 5 2008

In Metzler Investment GMBH v. Corinthian Colleges, Inc., 2008 WL 2853402 (9th Cir. July 25, 2008), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal with prejudice of a securities fraud class action, holding that plaintiffs had failed to plead the essential elements of loss causation, scienter and falsity consistent with the requirements of prevailing Supreme Court and Ninth Circuit authority

Tenth Circuit affirms high standard for scienter pleading in securities fraud cases against independent auditors

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 2 2011

In Dronsejko v Grant Thornton, Nos 09-4222 and 10-4074, US App LEXIS 1052 (10th Cir. Jan. 20, 2011), the United States Court of Appeals for the Tenth Circuit affirmed a decision by the United States District Court for the District of Utah dismissing a securities fraud class action brought by investors in iMergent against its independent auditor, Grant Thornton

New York's high court rejects attempts to expand liability of outside professional service providers for failing to detect corporate fraud

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 27 2010

In Kirschner v. KPMG LLP, 2010 NY Slip Op. 07415, 2010 WL 4116609 (N.Y. Oct. 21, 2010), a majority of the New York Court of Appeals declined to expand liability of outside professional service providers who allegedly failed to detect or stop corporate wrongdoing

Second Circuit affirms dismissal of short-swing profit claim against Goldman Sachs arising from six-month call options

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 4 2014

In Roth v. The Goldman Sachs Group, Inc., No. 12-2509-cv, 2014 WL 305094 (2d Cir. Jan. 29, 2014), the United States Court of Appeals for the Second

Siemens whistleblower complaint underscores need for "top-down" anti-corruption compliance

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • January 28 2013

In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of

Tenth Circuit holds corporate shareholders do not have standing under RICO to sue derivatively for alleged injuries to corporation

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • March 8 2010

In Bixler v. Foster, No. 09-2138, 2010 WL 597477 (10th Cir. Feb. 22, 2010), the United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a class action lawsuit brought by minority shareholders of Mineral Energy and Technology Corporation (“METCO”) against its directors and lawyers

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

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • 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

Dodd-Frank whistleblower protection: for America only

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • November 13 2013

The U.S. District Court for the Southern District of New York has held that the whistleblower protection provisions of the Dodd-Frank Act do not