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Under Delaware Law, the Occurrence of Alleged Illegal Conduct at a Company Is Not Enough to Plead Demand Futility Sufficient to Give Stockholders Standing to Sue Derivatively
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 14 2017

In a shareholder derivative action, to survive a motion to dismiss for failure to plead facts showing demand futility, a derivative plaintiff must


Oh, Hadn’t You Heard? You’re Violating French Law Right Now! France Gets Serieuse about Anti-Corruption
  • Sheppard Mullin Richter & Hampton LLP
  • France, United Kingdom, USA
  • June 22 2017

Ok, ok, don’t panic. Maybe not all of the millions of dedicated readers of this blog are in violation. Nevertheless, as of June 1, if your company


Still Following the Money: FinCEN, Money Laundering, and the Bank Secrecy Act
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • May 24 2017

Late last week, Congressional intelligence committees reportedly received some information from the U.S. Financial Crimes Enforcement Network (FinCEN


FINRA Updates Its Sanction Guidelines
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 26 2017

Earlier this month, FINRA announced changes to its Sanction Guidelines through Notice to Members 17-13. FINRA’s Sanction Guidelines are used by FINRA


DOJ Issues New Guidance on the Evaluation of Corporate Compliance Programs in Federal Fraud Investigations
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 2 2017

On February 8th, the U.S. Department of Justice (DOJ) quietly issued new guidance on how the agency evaluates corporate compliance programs during


Delaware Court Affirms Utility of Non-Reliance Clause in Dismissing Fraud Claim
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 22 2017

In IAC Search, LLC v. Conversant LLC (fka ValueClick, Inc.), 2016 WL 6995363 (Del. Ch. Nov. 30, 2016), the Delaware Court of Chancery provided a


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