All articles by Jaclyn Jaeger – Page 94
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Article
Indian Supreme Court ruling expands FCPA coverage
Image: A landmark judgment issued by the Indian Supreme Court could have the broader effect of significantly expanding the compliance risk that companies face under numerous anti-bribery laws, including the U.S. Foreign Corrupt Practices Act. CW’s Jaclyn Jaeger examines this latest development that, according to FTI Consulting’s Anuj Bugga, “introduces ...
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Blog
SFO brings more charges in Alstom case
The U.K. Serious Fraud Office has brought further charges as part of its ongoing investigation of Alstom Network U.K., a U.K. subsidiary of French engineering company Alstom, this time against Alstom’s country president for the United Kingdom and managing director of Alstom Transport U.K. and Ireland. He is the seventh ...
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Article
A global glimpse at whistleblower protections in OECD countries
More OECD countries have put in place dedicated whistleblower protection laws in the past five years than in the previous quarter century, according to analysis by the Organization for Economic Cooperation and Development. But what’s a compliance officer to do when whistleblower protection laws in foreign countries directly contradict whistleblower ...
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Blog
Zimmer Biomet: FCPA probe remains ongoing
Medical device maker Zimmer Biomet Holdings (formerly Biomet) is still under investigation by the Justice Department and SEC for possible violations of the Foreign Corrupt Practices Act regarding its operations in Brazil and Mexico. As a result, a three-year deferred prosecution agreement that Biomet entered into with the Justice Department ...
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Blog
France fines Google $112,000 over right to be forgotten
France’s data protection regulator has fined Google €100,000 (U.S. $112,000) after it refused to comply with the regulator’s order to remove URLs from search results everywhere. The fine follows a May 2014 ruling by the European Union Court of Justice, affording European citizens the right to ask search engine providers ...
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Blog
Novartis to pay $25 million in FCPA case
Switzerland pharmaceutical giant Novartis yesterday reached a $25 million settlement with the Securities and Exchange Commission for violating the books and records and internal accounting controls provisions of the Foreign Corrupt Practices Act concerning its operations in China.
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Article
Scalia’s absence a blow to companies?
Image: Many companies are left wondering what the death of U.S. Supreme Court Justice Antonin Scalia (left) means for business cases moving forward and for the handful of others that remain suspended in a state of legal limbo. “The mere uncertainty created by Justice Scalia’s absence may cause businesses to ...
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Article
Compliance risks in M&A transactions
Image: 2015 was a record-breaking year for global mergers and acquisitions, but inherent in those deals are numerous compliance risks, such as potential Foreign Corrupt Practices Act violations and deal-breaking cultural clashes. Involving compliance personnel at the earliest stages of an M&A transaction can significantly reduce unforeseen liabilities. “You don’t ...
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Blog
Former Goldman compliance employee settles SEC insider trading case
A former Goldman Sachs compliance employee settled his case with the Securities and Exchange Commission to resolve insider trading charges filed against him last year. Judge Valerie Caproni of the U.S. District Court for the Southern District of New York last week entered a final judgment against defendant Yue Han, ...
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Blog
Toshiba faces U.S. accounting probe
Tokyo-based electronics maker Toshiba confirmed that it is under investigation by the U.S. Department of Justice and the Securities and Exchange Commission over alleged accounting irregularities. Toshiba’s disclosure about the U.S. investigation follows media reports that U.S. regulators are investigating allegations that Toshiba’s U.S.-based nuclear business division, Westinghouse, hid $1.3 ...
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Blog
Alere receives subpoena in foreign bribery probe
Alere, a global diagnostic device and service provider, said yesterday a filing the Securities and Exchange Commission that it received a grand jury subpoena from the Department of Justice requiring the production of documents relating to its sales practices in Africa, Asia, and Latin America.
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Blog
NGOs to OECD: global standards needed for foreign bribery settlements
A group of non-governmental organizations has written a letter to the OECD Working Group on Bribery urging it to develop global standards for corporate settlements based on best practice. Corruption Watch, Global Witness, Transparency International, and the UNCAC Coalition asked the OECD to address “urgently” whether the use of settlements ...
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ArticleThe current state of the EU-U.S. Privacy Shield
The EU-U.S. Privacy Shield, a new compliance framework for the transatlantic transferral of personal information, is almost ready. But the strict data privacy compliance obligations it would impose require a close look now to prevent running afoul of tough data standards that become law later.
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Article
Scrutinizing hiring practices for FCPA violations
Through recent investigations and enforcement actions, the Securities and Exchange Commission and Department of Justice have been warning companies to proceed with caution when hiring the relatives of foreign government officials, lest they run afoul of the Foreign Corrupt Practices Act.
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Blog
Platform Specialty Products self-reports FCPA probe
Platform Specialty Products, a chemical-products company, said in a regulatory filing this week that it is conducting an internal investigation to determine whether certain payments made by a recently acquired subsidiary to third-party agents in West Africa violated the Foreign Corrupt Practices Act.
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Blog
OCC proposes to reduce regulatory burden on banks
The Office of the Comptroller of the Currency has proposed to remove outdated or unnecessary provisions of certain rules to reduce regulatory burden on national banks and federal savings associations. The proposal is part of the agency’s rules review required every ten years under the Economic Growth and Regulatory Paperwork ...
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Blog
FTC to study credit card industry data security auditing
The Federal Trade Commission has issued orders to nine companies requiring them to provide the agency with information on how they conduct assessments of companies to measure their compliance with the Payment Card Industry Data Security Standards (PCI DSS).
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Blog
SEC Charges Magnum Hunter with faulty evaluations of internal controls
Oil and gas producer Magnum Hunter Resources and several individuals settled charges this week with the Securities and Exchange Commission for deficient evaluation of the company’s internal controls over financial reporting, and failures to maintain internal control over financial reporting.
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Blog
Report: Europe makes up majority of U.S. bribery investigations
The majority of U.S. investigations and enforcement actions concerning alleged bribery of foreign officials conducted against non-U.S. companies and individuals involved companies or individuals from Europe, according to a new report issued by anti-bribery group TRACE International. Companies or individuals from Europe made up approximately 71 percent of U.S. bribery ...
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Blog
21st Century Oncology to pay $34.7 million for False Claims Act violations
21st Century Oncology, a physician-led integrated cancer care provider, and its wholly owned subsidiary South Florida Radiation Oncology, will pay $34.7 million to settle allegations that they performed and billed for procedures that were not medically necessary. Since January 2009, the Justice Department has recovered a total of more than ...