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U.S. Supreme Court Confirms that a Corporate Insider Receives a “Personal Benefit” by Providing Confidential Information to a Trading Relative or Friend, Affirming Conviction for Insider Trading
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 9 2016

In Salman v. United States, No. 15-628, 580 U.S. ___, 2016 WL 7078448 (2016), the United States Supreme Court (Alito, J.) unanimously affirmed the


HHS OIG Publishes Final Rule on Anti-Kickback Statute: Safe Harbors And Monetary Penalties
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 8 2016

On December 6, 2016 the U.S. Department of Health & Human Services, Office of Inspector General (HHS-OIG) issued two final rules relating to the


Embraer’s FCPA Deferred Prosecution Agreement and $205 Million Payment Demonstrate Need for Adequate Internal Controls
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 30 2016

Brazilian aircraft manufacturer Embraer SA (“Embraer”) will pay the United States government $205 million to settle allegations that the company


First FCPA Case Against Hedge Fund
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 13 2016

On September 29, 2016, the Securities and Exchange Commission (the “SEC”) announced that Och-Ziff Capital Management Group (“Och-Ziff”) agreed to pay


Eleventh Circuit Holds That a Corporation Is Not Distinct From Its Agents For Purposes of a RICO Enterprise, Following Sister Circuits
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 16 2016

In Ray v. Spirit Airlines, Inc., No. 15-13792, 2016 WL 4578347 (11th Cir. Sept. 2, 2016), the United States Court of Appeals for the Eleventh Circuit


Ninth Circuit Permits SEC to Assert Standalone Claim for False Sarbanes-Oxley Certification and Confirms Disgorgement Remedy Against CEO and CFO Despite Lack of Personal Involvement In Underlying Misconduct
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 12 2016

In Securities & Exchange Commission v. Jensen, No. 14-55221, 2016 WL 4537377 (9th Cir. Aug. 31, 2016), the United States Court of Appeals for the


China Accelerates the Establishment of Social Credit System
  • Sheppard Mullin Richter & Hampton LLP
  • China, USA
  • July 1 2016

The State Council published the Guiding Opinions on Accelerating Social Credit System Establishment by Further Developing Joint Incentives for Honest


U.S. Targets Private Equity Funds for FCPA Scrutiny
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 30 2016

The private equity industry is facing increased scrutiny by the U.S. Government for potential violations of the Foreign Corrupt Practices Act


Supreme Court Holds That “Actual Fraud” Under Section 523(a)(2)(A) of the Bankruptcy Code May Include Fraudulent Transfers That Occur Without False Representations
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 20 2016

On May 16, 2016, the United States Supreme Court in Husky International Electronics v. Ritz held that the phrase “actual fraud” under section


Are You Within Reach of Anti-Money Laundering Enforcement? The Tentacles of Money Laundering Schemes Affect Real Estate Investors Worldwide
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 9 2016

The U.S. Treasury Department has signaled the latest focus of its enforcement: real estate ventures with ties to money laundering schemes. Individual