Business Litigation Report -- April 2014

In This Issue:

-- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction

-- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery

-- Practice Area Notes:

- Insurance Litigation Update

- EU Litigation Update

- ITC Litigation Update

-- Victories:

- Quinn Emanuel Helps Pro Bono Client, a Decorated Marine, Receive Honorable Discharge in a Mishandling of Classified Information Case

- Subpoena TRO in Mirra v. Jordan

- Lead Counsel Appointment in Credit Default Swaps Antitrust MDL

- NFL and Baltimore Ravens Move Fair Use Goal Post Toward Greater Free Expression in Important Fourth Circuit Victory

- Excerpt from DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction:

Enacted in 1977 in response to the revelation of widespread bribery of foreign officials by U.S. companies, the Foreign Corrupt Practices Act (“FCPA” or “the Act”) was “intended to halt those corrupt practices, create a level playing field for honest businesses, and restore public confidence in the integrity of the marketplace.” A Resource Guide to the U.S. Foreign Corrupt Practices Act, U.S. Department of Justice (“DOJ”) and the Enforcement Division of the U.S. Securities and Exchange Commission (“SEC”), Nov. 14, 2012, at 2 (“FCPA Guidance”). To that end, Congress included an anti-bribery provision in the Act that prohibits companies and their employees and agents from paying bribes to foreign officials in order to obtain or retain business.

For decades following its enactment, FCPA enforcement was largely non-existent. It was not until the early 2000s when, following the second amendment of the Act, enforcement activity proceeded in earnest. Since that time, FCPA enforcement has been rampant, peaking at 74 actions initiated by either DOJ or SEC in 2010, as compared to five actions in 2004. See Melissa Aguilar, 2010 FCPA Enforcement Shatters Records, Compliance Week (Jan. 4, 2011).