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Results: 1-10 of 28

Supreme Court limits scope of wire and mail fraud in Skilling v. United States
  • Foley Hoag LLP
  • USA
  • July 1 2010

The Supreme Court last week, in the case of Skilling v United States and two companion cases, severely curtailed the reach of the federal mail and wire fraud statutes by confining the "intangible right of honest services" to only those schemes that involve bribes or kickbacks


Increased risk of FCPA prosecution of foreign national executives of U.S. issuers: recent court decision allows open-ended statute of limitations and bases FCPA jurisdiction on email routed through US servers
  • Foley Hoag LLP
  • USA
  • February 19 2013

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act


Reading tea leaves after the Supreme Court’s Amgen securities litigation decision
  • Foley Hoag LLP
  • USA
  • March 6 2013

On February 27, 2013, the Supreme Court issued its ruling in Amgen Inc. v. Connecticut Retirement Plans and Trust Fund. In the decision, the Court


Internet Crime Complaint Center (IC3) releases 2009 report on internet crime
  • Foley Hoag LLP
  • USA
  • March 12 2010

Today, the Internet Crime Complaint Center (IC3), a federal organization run as a partnership between the FBI and National White Collar Crime Center, released its 2009 Internet Crime Report


SEC v. Tambone: the First Circuit reverses course on what it means to “make” a statement under the securities laws
  • Foley Hoag LLP
  • USA
  • March 23 2010

The First Circuit’s en banc ruling in SEC v. Tambone, No. 07-1384 (Mar. 10, 2010), vacated a key part of a prior ruling by a three-judge panel, and provides important guidance on the scope of “primary violator” liability under Section 10(b) of the 1934 Exchange Act and Rule 10b-5 thereunder


FTC delays enforcement of Red Flags Rule through December 31, 2010 to give Congress time to exempt certain businesses from rule’s requirements
  • Foley Hoag LLP
  • USA
  • May 28 2010

This morning, Friday, May 28, 2010, the Federal Trade Commission (FTC) announced that it was extending the deadline for enforcement of the Red Flags Rule through December 31, 2010, in order to give Congress sufficient time to amend the law to exclude certain businesses from application of the Rule


Red Flags Rule enforcement deadline falls next week
  • Foley Hoag LLP
  • USA
  • May 27 2010

This Tuesday, June 1, 2010, marks the official deadline for compliance with the Federal Trade Commission's Red Flags Rule


Federal judge reconsiders securities claims against GE and identifies three categories of statements that are not actionable under federal securities laws
  • Foley Hoag LLP
  • USA
  • May 16 2012

In a consolidated class action in the Manhattan federal court, General Electric and more than 40 other defendants, including CEO Jeffrey Immelt, CFO Keith Sherin, other officers, directors and various underwriters are accused of violating the Securities Act of 1933 and the Exchange Act of 1934 by making false and misleading statements about GE’s business such as its ability to sell commercial paper and the value of its loan portfolio during the recent financial crisis and, specifically, in offering documents for GE’s secondary public offering in October 2008


Foreign Corrupt Practices Act guidance released
  • Foley Hoag LLP
  • USA
  • November 15 2012

The US Department of Justice released its long-awaited guidance regarding the Foreign Corrupt Practices Act (“FCPA”) consisting of a 120-page Resource Guide to the U.S. Foreign Corrupt Practices Act along with a two-page “Fact Sheet”


DOJ’s recent trend of prosecuting individuals for FCPA violations continues with longer prison sentences and increased fines
  • Foley Hoag LLP
  • USA
  • November 30 2011

The longest prison term ever imposed in a Foreign Corrupt Practices Act (“FCPA”) case -- fifteen years -- was recently given to Joel Esquenazi, former president of Terra Telecommunications Corporation, after a jury convicted him under the FCPA for bribes paid to officials at Haiti Teleco, a state-owned telecommunications agency