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Friday Roundup

Roundup

Scratch that trial, scrutiny alert, affirmed, follow-up, Braskem-related, and across the pond. It’s all here in the Friday roundup.

Scratch That Trial

One of the FCPA trials scheduled this Fall (see here for the prior post) involved Frank Chatburn. As highlighted here, in April 2018 Frank Roberto Chatburn Ripalda (a dual United States and Ecuadorian citizen) was criminally charged for conspiring with others for making corrupt payments to PetroEcuador officials in order to obtain and retain contracts for Galileo (described as an Ecuadorian company that provided services in the oil and gas industry) from PetroEcuador.

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Defamation Claim Advances By Former Biomet Argentina Employee Against Zimmer Biomet Holdings

zimmer

Foreign Corrupt Practices Act enforcement actions rarely tell the whole story about the facts and circumstances relevant to the underlying action. Thus, it is nice (from the perspective of getting a more complete alleged picture including specific names relevant to an FCPA enforcement action) when civil litigation is filed in connection with an FCPA enforcement action.

Such is the case regarding a recent civil action filed by Alejandro Yeatts, who from 2005 to September 2015 was employed by Biomet Argentina, in which he alleges various tort claims against Zimmer Biomet Holdings. Although the court recently dismissed Yeatts’s intentional infliction of emotional distress and negligent infliction of emotional distress claims, the court denied Zimmer’s motion to dismiss Yeatts’s defamation claim meaning the claim will advance to the next stage in litigation.

This post summarizes Yeatts’s defamation claim and the court’s recent decision (Yeatts v. Zimmer Biomet Holdings, 2017 WL 1375117 (N.D. Ind., Apr. 17, 2017).

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