On January 13, 2017, the US Federal Trade Commission and US Department of Justice (collectively, the "Agencies") jointly issued revised Antitrust Guidelines for International Enforcement and Cooperation (the "Guidelines").
After racking up record corporate criminal fines in three of the last four years, one might think that the Antitrust Division of the DOJ had made a strategic decision to focus more of its enforcement efforts on corporations.
Yesterday (2 June 2014), Brazil’s Office of the Comptroller General enacted Normative Guideline N. 01/2014 prescribing the terms under which Brazilian federal public officials may accept invitations to attend the 2014 FIFA World Cup being held in Brazil.
The US Department of Justice ("DOJ") has announced a new policy with respect to the electronic recording of statements made by individuals in custodial situations prior to a person’s initial appearance before a judicial officer.
The US Court of Appeals for the Eleventh Circuit has provided useful guidance on the meaning of the term "instrumentality" as used in the Foreign Corrupt Practices Act ("FCPA"). In a landmark decision released on May 16, the court established the criteria for when companies with ties to foreign governments and their employees may be considered "foreign officials" for purposes of the anti-bribery law.
On December 9, 2013, the US Court of Appeals for the Second Circuit significantly expanded the protections of the statute of limitations in criminal matters by holding that transactions such as interest payments that are tainted by conspiracy are insufficient to extent the statute of limitations.
On August 30, 2013, the US Court of Appeals for the Second
Circuit ruled in United States v. Vilar that the presumption
against extraterritoriality applies to federal criminal
prosecutions under Section 10(b) of the Securities Exchange Act of
1934 (Exchange Act).