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Results: 1-10 of 28

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


The Supreme Court holds that the “discovery rule” does not apply to SEC enforcement actions for financial penalties and affirms the dismissal of SEC claims as time-barred
  • Foley Hoag LLP
  • USA
  • March 7 2013

In Gabelli v. SEC, No. 11-1274 (Feb. 27, 2013), a unanimous Supreme Court issued a much anticipated decision on the statute of limitations for civil


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


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


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


Due diligence on human rights? Consider consulting your FPCA counsel
  • Foley Hoag LLP
  • USA
  • February 8 2013

Human rights due diligence requires many of the hallmarks of existing corporate compliance programs: clear policies; assessments of risk; and the


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


Fight breaks out over whether hacker responsible for largest data breach in history suffers from "Internet addiction"
  • Foley Hoag LLP
  • USA
  • January 22 2010

In December, Albert Gonzalez, aka "segvec," "soupnazi" and "j4guar17" pled guilty to charges that he masterminded the theft of over 100 million consumer credit card numbers and other financial information from Heartland Payment Systems, 7-Eleven and other companies


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