On January 22, 2015, the Chief Administrative Judge of the Courts of New York adopted a new rule applicable to the Commercial Division, effective April 1, 2015, that will require parties to provide increased specificity when...more
Fiscal year 2014 proved to be another eventful and record-breaking year for the Division of Enforcement (Enforcement Division) of the United States Securities and Exchange Commission (SEC or the Commission). Indeed, the...more
In this issue:
- US and EU continue sanctions against Russia for its activity in Ukraine;
- US and EU sanctions against the Crimea region;
- US makes major change in Cuban relations;
- The EU...more
1/14/2015
/ Crimea ,
Cuba ,
Drug Trafficking ,
Enforcement Actions ,
EU ,
Foreign Relations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
Syria ,
Trade Relations ,
Ukraine
Improper Gifts Alone, Without Cash Bribes, Serve as Basis for SEC’s Latest FCPA Enforcement Action -
Earlier this week, the SEC announced fines for two former defense contractor employees for FCPA violations relating...more
Last week the SEC settled charges against Layne Christensen for various violations of the FCPA. While a relatively unremarkable case at first glance, the SEC’s charges against Layne Christensen reflect a troubling approach by...more
In this issue:
- The Revised OFAC 50 Percent Rule
- U.S. and E.U. Sectoral Sanctions Targeting Russia
- Additional U.S. Sanctions Targeting Iran
- Sanctions Targeting Ongoing Conflicts in Syria,...more
10/21/2014
/ Banking Sector ,
Defense Sector ,
Energy Sector ,
Enforcement Actions ,
EU ,
Iran Sanctions ,
Joint Plan of Action ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SSI List ,
Sudan ,
Syria ,
Ukraine
While not nearly as transformative and dramatic as the first half of 2013 and the early days of Chair Mary Jo White and Director of Enforcement Andrew Ceresney, the first six months of 2014 was just as busy and productive...more
In this issue:
- US Authorities End Quarter Full of Enforcement Actions with $8.9 Billion BNP Settlement
- US and EU Make Numerous Ukraine-Related Designations as Separatist Aggression Continues
- US...more
In its long-awaited decision in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), the US Supreme Court upheld the validity of the fraud-on-the-market presumption set forth in Basic Inc. v. Levinson, 485 US 224...more
Earlier today, the Office of the Comptroller General in Brazil, Controladoria-Geral da União (“CGU”), issued a sweeping directive barring government officials from accepting offers to attend or participate in the upcoming...more
The US Treasury’s Office of Foreign Assets Control (OFAC) and Carlson Wagonlit Travel B.V. (CWT), a Netherlands-based company, have agreed to settle violations of the Cuban Assets Control Regulations (CACRs) dating back to as...more
With Friday’s announcement of the first-ever extradition of a foreign executive on criminal antitrust charges to the United States, the US Department of Justice has won a major victory in its effort to prosecute and deter...more
In this edition:
- Implementation of the Joint Plan of Action with Iran
- Additional US Iran-Related Sanctions and Licenses
- OFAC Civil Settlements
- US and EU Sanctions in Response to the Situation in...more
Both the United States and the European Union have issued calibrated Ukraine-related sanctions as a direct response to the recent political upheaval in Ukraine. Although both US and EU sanctions target certain persons for...more
Marked by leadership changes, high-profile trials, and shifting priorities, 2013 was a turning point for the Enforcement Division of the Securities and Exchange Commission (the “SEC” or the “Commission”). While the results of...more
1/9/2014
/ Accounting Fraud ,
Auditors ,
Bribery ,
Broker-Dealer ,
China ,
Deferred Prosecution Agreements ,
Disclosure ,
Dodd-Frank ,
Enforcement Actions ,
FIRREA ,
Foreign Corrupt Practices Act (FCPA) ,
Injunctions ,
Insider Trading ,
Investment Adviser ,
Mary Jo White ,
Municipal Securities Issuers ,
Neither Admit Nor Deny Settlements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Statute of Limitations ,
Whistleblowers
As 2013 drew to a close, a potentially groundbreaking agreement was reached with Iran regarding its nuclear program, leading to much speculation about how certain sanctions might be suspended, and under what conditions. While...more
In this issue:
- Enforcement Actions and Strategies
- Perennial Statutory Issues
- Unusual Developments
- Compliance Guidance
- Private Litigation
- Enforcement in the United...more
After years of fitful progress and failure, Iran and the five permanent members of the United Nations Security Council (China, France, Russia, the United Kingdom, and the United States) and Germany (collectively the “P5+1”)...more
It has been over eight months since SEC-registered issuers began making mandatory disclosures of business activities in or with Iran. During that period, issuers have filed over 400 Iran Notices with the SEC, including...more
In this edition:
- Iranian Sanctions Eased to Allow Additional Humanitarian Exports and Activities
- New Iranian Sanctions Designations Announced
- Significant Reduction Waivers Extended
- Global...more
In this issue:
- The Iran Freedom and Counter-Proliferation Act of 2012
- E.O. 13645, issued June 3, 2013
- Enforcement Against Foreign Sanctions Evaders
- Enforcement Against Human Rights...more
The Federal Reserve on Wednesday, June 5, issued an interpretation of the so-called “swaps push-out” section of the Dodd-Frank Act that corrects a drafting error that virtually everyone agrees needed to be fixed. The Federal...more
In this issue:
- OFAC Releases New SDN Search Tool
- Additional Provisions Targeting Iran Go Into Effect
- OFAC Continues to Target Foreign Sanctions Evaders
- Section 219 Disclosures Begin
- Burma...more
Last Friday, Bill Baer, Assistant Attorney General for the Department of Justice’s Antitrust Division, announced that the Division will no longer publicly name the executives excluded from immunity granted in corporate cartel...more
On March 14, 2013, a federal jury in Brooklyn, New York returned a verdict in In re Vitamin C Antitrust Litigation, No. 1:06-md-1738 (E.D.N.Y.), finding that two Chinese companies had unlawfully fixed prices and controlled...more