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Checking In Down Under

By on November 18, 2022 in Australia, Guest Posts, Jacobs Group
Australia

Today’s post is from Robert Wyld and Andrew Fish (both with the law firm Johnson Winter Slattery in Australia) regarding anti-corruption and other related developments in Australia.

Foreign Bribery Penalties in Australia – Should a Company be Fined for the Gross Benefit or only the Net Benefit from its Offending Conduct?

The law on foreign bribery cases is sparse in Australia, reflecting a dearth in active prosecutions that run to trial. The few cases that have existed over the last 20 years or more have invariably settled. Rarely have they been contested.

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Compensation Clawback Crackdowns – An Emerging Enforcement Focus

By on November 7, 2022 in Executive Compensation, Guest Posts
clawback

This post is from Dechert attorneys Andrew Boutros, David Kelley, Anthony Kelly, Hartley M.K. West, and D. Brett Kohlhofer.

Prosecutors and regulatory officials have recently fixed their enforcement sights on corporate compensation clawbacks. Recent public remarks from leaders at the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) Enforcement Division reveal how the agencies are leveraging (and intend to continue to leverage) clawbacks in carrying out their enforcement mandates. Here we examine the context behind these pronouncements, how the focus on clawbacks may affect Foreign Corrupt Practices Act enforcement, and the planning opportunity these announcements present for the business community.

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Latin America in Flux: Recent Anti-Corruption Developments

By on August 29, 2022 in Argentina, Brazil, Chile, Colombia, El Salvador, Guatemala, Guest Posts, Honduras, Mexico, Peru, Uncategorized
latinamerica

Today’s post is from Debevoise attorneys Andrew Levine, Matthew French, and Nestor Almeida. (See here for a version of this post with footnotes).

In recent years – and notwithstanding encouraging windows of progress – economic difficulties, political shifts, and the pandemic’s lingering effects have undercut anti-corruption efforts in Latin America. The fourth annual Capacity to Combat Corruption Index (“CCC Index”), published in June 2022, reflects these recent challenges. Most countries in Latin America experienced declines in their assessed anti-corruption capabilities, with only a few demonstrating stability or improvement.

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A Comparative Study Of DPAs

By on June 2, 2022 in Deferred Prosecution Agreements, Guest Posts, Judicial Role in Deferred Prosecution Agreements
comparison

A guest post from Fred Davis.

The Columbia Journal of Transnational Law recently published my article Judicial Review of Deferred Prosecution Agreements: A Comparative Study, which is available here.

As the title suggests, the article looks at three countries that not only have procedures for corporate DPAs but have actually developed a track record using them (the US, the UK, and France), and also touches on several other countries that have adopted such legislation (Canada,  Singapore) and still others that are contemplating doing so (Ireland, Australia) and countries with somewhat similar approaches (Brazil, Argentina).

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New Chinese Anti-Bribery Guideline Calls For Blacklisting And Expulsion Of Foreign Companies That Pay Bribes In China

By on December 1, 2021 in China, Collateral Effects, Guest Posts
chinaflag

Today’s post is from Dechert attorneys Andrew Boutros, Shriram Harid, David Kelley, Jay Schleppenbach, and Maria Sit.

China’s top anti-corruption watchdogs recently released a new anti-bribery Guideline designed to focus on multi-national corporations and individuals that pay bribes in China, as opposed to bribe recipients, the Chinese Communist Party’s traditional focus. With the threat of being barred from doing business in China, the Guideline raises significant concerns for entities doing business there.

In particular, business organizations should be aware that resolving bribery allegations that involve China elsewhere in the world (say, in the United States) could potentially result in a “carbon copy prosecution” in China with the full range of potentially devastating penalties. Similarly, multi-national corporations that face bribery charges (or even just an investigation) in China could later find themselves prosecuted in the United States or elsewhere in the world based on the same facts.

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