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On March 8, 2019, the United States Department of Justice (the DOJ) announced a key revision to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy) regarding employees’ use of ephemeral messaging platforms. The original Policy required companies to prohibit employees’ use of such messaging platforms in order to receive full cooperation credit and demonstrate adequate remediation. The revised Policy permits such communications, so long as proper guidance and controls are put in…
On March 6, 2019, the U.S. Commodity Futures Trading Commission’s (the “Commission” or “CFTC”) Enforcement Division published an advisory (the “Advisory”) which discussed the implications of self-reporting and cooperation for violations of the Commodity Exchange Act (“CEA”) that involve foreign corrupt practices. The Advisory marks the first time the CFTC has expressed its intention to investigate the use of derivatives involving foreign corrupt practices and is also indicative of regulators’ realization that in the 21st…
On October 26, 2018, China enacted the International Criminal Judicial Assistance Law. This law imposes additional procedures relating to the provision of judicial assistance in criminal matters between China and other countries. Our Asia Investigations team considers the key provisions of the law, its potential impact on internal investigations by foreign companies operating in China, and implications on foreign criminal enforcement against Chinese entities and nationals in this client alert.…
The first half of 2018 saw a number of significant changes to the Chinese anti-corruption regime, including amendments to the Anti-Unfair Competition Law and formation of new anti-corruption regulatory bodies. Amidst an anti-corruption campaign in China that continues to gain traction, companies operating in the country should continually evaluate whether current business models run afoul of the latest regulations. Read here for our summary of the key changes to the anti-corruption landscape and the implications…