2012 News Of Interest

Mike Koehler, The Story of the Foreign Corrupt Practices Act (December 2012)

Picking Up the Pieces of a Corporate Reputation,” Corporate Counsel, December 28, 2012.

2012: The year in declinations,” The FCPA Blog, December 27, 2012.

Antitrust Year in Review: The FTC at Full Throttle,” The Legal Intelligencer, December 26, 2012.

Wall Street’s Insider Trading Tricks Spread Across U.S.,” Bloomberg Businessweek, December 21, 2012.  [Related stories here and here]

Anthony Gaughan, The Case for Limiting Federal Criminal Jurisdiction over State and Local Campaign Contributions (December 2012)

DOJ Says UBS LIBOR Deal ‘Very Robust, Very Real,’” The National Law Journal, December 21, 2012.  [Related article and commentary]

Survey Looks at U.S. Companies’ 2013 FCPA Compliance Plans,” Corporate Counsel, December 20, 2012.

DOJ Tells HSBC and Corporate America: Reform Your Compliance Departments,” Corporate Counsel, December 20, 2012.

DOJ Bank Settlements Renew Debate Over Deferred Prosecutions,” The National Law Journal, December 18, 2012.

4 Tips To Help In-House Counsel Avoid Becoming a DOJ Target,” Corporate Counsel, December 17, 2012.

DOJ: Capitol Hill Staffer’s Conviction Should Stand Under Charges Never Brought,” The BLT: The Blog of LegalTimes, December 14, 2012.

The HSBC Settlement’s 5-Page Road Map to Corporate Compliance,” Corporate Counsel, December 13, 2012. [Related article]

’Tis the Season When Gifts Become Bribes,” Compliance Insider, December 13, 2012.

Judge Grants Jackson and Ruehlen’s Motion to Dismiss SEC’s Monetary Claims – Finds That SEC Was Not Diligent In Bringing Case,” FCPA Professor, December 12, 2012.

In D.C. Circuit, AIG Defends Confidentiality of Corporate Monitor Reports,” Legal Times, December 11, 2012.

U.S. SEC wrestles with Internet age in Netflix case,” Reuters, December 7, 2012. [Related article]

Mike Koehler, Grading the Foreign Corrupt Practices Act Guidance (December 2012)

Seismic fallout from ruling on drug marketing and free speech?Thomson Reuters, December 4, 2012. [2nd Circuit Opinion]

Timing is Everything in a Whistleblower Response,” Corporate Counsel, December 4, 2012.

No Warrant, No Problem: How The Government Can Still Get Your Digital Data,” ProPublica, December 4, 2012. [More Analysis: NACDL Paper on Law Enforcement Access to Third Party Records (pdf)]

SEC Targets China Affiliates of ‘Big Four’ Accounting Firms,” The National Law Journal, December 4, 2012.

Bruce A. Green and Ellen S. Podgor, Unregulated Corporate Internal Investigations: Achieving Fairness for Corporate Constituents (December 2012)

Full D.C. Circuit Turns Deaf Ear to Banished Purdue Executives and GC,” The National Law Journal, December 3, 2012.

Kathleen Boozang, Responsible Corporate Officer Doctrine: When is Falling Down on the Job a Crime? (November 2012)

D.C. Judge Sides with J.P. Morgan in Spat Over Redacted Emails,” The BLT: The Blog of LegalTimes, November 30, 2012. [District Court Ruling]

Circuit Reverses 2 Lawyer Convictions in Tax Shelter Cases,” New York Law Journal, November 30, 2012. 

Lifting BP ban will be more than simple agreement: source,” Reuters, November 29, 2012. [Related analysis and more coverage]

A Lobbyist’s Appeal For Common Sense – The Case of Kevin Ring,” Forbes, November 29, 2012.

Mine Disaster Probe Leads To Conspiracy Charges Against Former Executives,” NPR, November 28, 2012.

Kate Weisburg, Prosecutors Hide, Defendants Seek: The Erosion of Brady Through the Defendant Due Diligence Rule (November 2012)

Ira P. Robbins, ‘Bad Juror’ Lists and the Prosecutor’s Duty to Disclose (November 2012)

Gregory M. Gilchrist, Condemnation Without Basis: An Expressive Failure of Corporate Prosecutions (November 2012)

Are Money Laundering Laws DOJ’s Tools in Expanding Reach of FCPA,” The National Law Journal, Nov. 19, 2012.

The Enforcers Have Their Say on the FCPA Guidance,” Corporate Counsel, Nov. 19, 2012.

Another Fumble by the S.E.C. on Fraud,” The New York Times, Nov. 16, 2012.

In BP Indictments, U.S. Shifts to Hold Individuals Accountable,” The New York Times, Nov. 15, 2012.

Highlights from the Long-Awaited FCPA Guidance,” The Wall Street Journal, Nov. 14, 2012.

Press Release: DOJ and SEC Release FCPA Guidance, DOJ Justice News, November 14, 2012.  Guidance available online here and Guidance Fact Sheet available online here.

DOJ Public Integrity Section Keeps the Corruption Cases Coming,” The National Law Journal, Nov. 13, 2012.

One Step Closer to Mandatory Jail Time for Securities Offenders,” Corporate Counsel, Nov. 12, 2012.

"In the Financial Sector, the Most Intense Criticism Must Come From Within," by John H. Walsh, Corporate Counsel, November 5, 2012.

"Prosecutors Outline 'Stringent' Safeguards in Second Chance at Blackwater Case," The Blog of LegalTimes, November 1, 2012.

"Rakoff Takes on Guidelines in Gupta Sentencing," by Mark Hamblett, New York Law Journal, October 31, 2012.

Todd Haugh, Can the CEO Learn from the Condemned? The Application of Capital Mitigation Strategies to White Collar Cases (Oct. 2012).

Andrew S. Boutros and T. Markus Funk, “Carbon Copy” Prosecutions: A Growing Anticorruption Phenomenon in a Shrinking World (Oct. 2012).

"In the Financial Sector, the Most Intense Criticism Must Come From Within," by John H. Walsh, Corporate Counsel, November 5, 2012.

"Prosecutors Outline 'Stringent' Safeguards in Second Chance at Blackwater Case," The Blog of LegalTimes, November 1, 2012.

"Rakoff Takes on Guidelines in Gupta Sentencing," by Mark Hamblett, New York Law Journal, October 31, 2012.

Todd Haugh, Can the CEO Learn from the Condemned? The Application of Capital Mitigation Strategies to White Collar Cases (October 2012).

"Rajaratnam Appeal Judges Voice Concern Over U.S. Wiretaps," by Patricia Hurtado and David Glovin, Bloomberg, October 25, 2012.

"Bank of America Faces Claim of 'Brazen' Mortgage Fraud," by Brendan Pierson and Zoe Tillman, New York Law Journal, October 25, 2012.

"Forced Waiver of the Corporate Attorney-Client Privilege," by Lawrence S. Bader and David C. Austin, Corporate Counsel, October 25, 2012.

"Assistant Attorney General Lanny Breuer On...," FCPA Professor, October 24, 2012.

"Business Groups File Challenge to SEC Conflict Minerals Rule," by Catherine Dunn, Corporate Counsel, October 24, 2012.

"Antibribery Track Record: Republicans vs. Democrats," by Alexandra Wrage, Corporate Counsel, October 24, 2012.

Ryan M. Rodenberg and Anastasios Kaburakis, Legal Corruption Issues in Sports Gambling (October 2012).

"Corporations, Take Heed as Government Steps Up Protection of Whistleblowers," by Steven J. Pearlman and Lloyd Chinn, Corporate Counsel, October 15, 2012.

"As U.S. Waits for FCPA Guidance, UK Bribery Act Gets an Update," by Catherine Dunn, Corporate Counsel, October 10, 2012.

"Defense Witness Immunity & Global Tech - Important Issues on Cert," White Collar Crime Prof Blog, October 7, 2012.

"Hacker Case Could Test Limits on Electronic Searches," by Vanessa Blum, The Recorder, October 5, 2012.

"2nd Circuit drops hint: Morrison may limit reach of criminal laws," by Alison Frankel, Thomson Reuters, October 3, 2012.

"How Ex-GSK GC Lauren Stevens Fought the Law-and Won," by Sue Reisinger, Corporate Counsel, October 2, 2012.

"Of Note From the Tyco Enforcement Action," FCPA Professor, September 27, 2012.

"Wall Street Scandals Fill Lawyers' Pockets," by Azam Ahmed, The New York Times, September 24, 2012.

"U.S. Warning to Hospitals on Medicare Bill Abuses," by Reed Abelson, The New York Times, September 24, 2012.

"Dangers for Corporate Counsel and Executives in Internal Investigations,” Corporate Counsel, Sept. 19, 2012.

"In Leak Case, DOJ Secrecy Rankles Defense Lawyers,” The BLT: The Blog of LegalTimes, Sept. 18, 2012.

"Assistant Attorney General Breuer’s Unconvincing Defense Of DPAs/NPAs,” FCPA Professor, Sept. 17, 2012.

Assessing the Differences Between IRS and SEC Whistleblower Programs,” Corporate Counsel, Sept. 17, 2012.

Mike Koehler, Foreign Corrupt Practices Act Enforcement as Seen through Wal-Mart’s Potential Exposure  (Sept. 2012)

House approves new stolen valor bill,” Politico, Sept. 13, 2012.

Ex-Seal’s Prosecution Unlikely,” The Wall Street Journal, Sept. 12, 2012.

UBS AG Bank Whistleblower Wins $104M Reward from IRS,” Legal Times, Sept. 12, 2012.

When Governments Undermine Antibribery Compliance Efforts,” Compliance Insider, Sept. 7, 2012.

Appeals Court Revives Insider Trading Case Against Obus,” The New York Times, Sept. 6, 2012.

Making New Law, Ninth Circuit Sides with Big Pharma in Securities Suit,” The Recorder, Sept. 6, 2012.

DOJ: No Privacy Rights in Cell Phone Tower Data,” The BLT: The Blog of LegalTimes, Sept. 5, 2012.

Homeland Security’s domain seizures worries Congress,” CNET, Sept. 3, 2012.

Allegra M. McLeod, Could Specialized Criminal Courts Help Contain the Crises of Overcriminalization and Overincarceration? (Sept. 2012).

Rachel E. Barkow, Prosecutorial Administration (August 2012).

Corporate Anticorruption Compliance by the Numbers,” Corporate Counsel, August 28, 2012.

SEC Enforcement Chief Attacks ‘Myth’ of the Revolving Door,” The Wall Street Journal Law Blog, August 28, 2012.

FCPA Compliance Hinges on the Tricky Definition of ‘Foreign Official’,” Corporate Counsel, August 27, 2012.

Bruce W. Klaw, A New Strategy for Preventing Bribery and Extortion in International Business Transactions (August 2012)

Should Companies Turn Themselves in for FCPA Violations?Corporate Counsel, August 24, 2012.

SEC Hands Out First Whistleblower Payment, Hints at More To Come,” Corporate Counsel, August 23, 2012.

Convicted Defense Lawyer Loses Fight to Dismiss Indictment,” The BLT: The Blog of LegalTimes, August 21, 2012.

Health Law Gives Medicare Fraud Fighters New Weapons,” NPR, August 21, 2012.

J. Adam Engel, Rethinking the Application of the Fifth Amendment to Passwords and Encryption in the Age of Cloud Computing (August 2012)

When The Lawyer Becomes The Object Of Prosecution,” NPR, August 17, 2012.

New Ombudsman to Set the Tone for Whistleblowers at DOJ,” Corporate Counsel, August 14, 2012.

Rent-seeking others into the slammer,” The Daily Caller, August 13, 2012.

When is a campaign contribution a bribe?The Washington Post, August 12, 2012.

Crashing the Third Party: Experts Weight How Far the Government Can Go in Reading Your Email,” ABA Journal, August 2012.

Stephen Choi and Kevin Davis, Foreign Affairs and Enforcement of the Foreign Corrupt Practices Act (July 2012)

Lucian E. Dervan and Markus Rubenstahl, Global Bribery: The Foreign Corrupt Practices Act (May 2012)

Ex-Judges, Prosecutors Join Fight Over Prosecutorial Misconduct,” The BLT: The Blog of LegalTimes, August 10, 2012. [Amicus brief in Support of Shaygan]

S.E.C. and Justice Dept. End Mortgage Investigations Into Goldman,” The New York Times, August 9, 2012.

U.S. will not challenge computer fraud case to high court,” Reuters, August 9, 2012. [9th Circuit Opinion]

Corporate Fraud Cases Often Spare Individuals,” The New York Times, August 7, 2012. [Related article]

SEC Uses Bristol-Myers Exec’s Internet Search History Against Him in Insider Case,” Compliance Week, August 4, 2012.

Donald C. Langevoort, What Were They Thinking? Insider Trading and the Scienter Requirement (July 2012)

Joan MacLeod Heminway, Just Do It! Specific Rulemaking on Materiality Guidance in Insider Trading (July 2012)

Circuit Reverses Six Convictions Over ‘Preventable’ ‘Brady’ Errors,” New York Law Journal, August 3, 2012.

The Good and Bad News in a Review of FCPA Enforcement and Trends,” Corporate Counsel¸ August 3, 2012.

Rolling the Dice on Settlement or Dismissal of SEC and FINRA Charges,” Corporate Counsel¸ August 1, 2012.

Behind the Scenes in the Libor Interest Rate Scandal,” Spiegel Online, August 1, 2012.

Informant in FCPA Sting Case Sentenced to 18 Months in Prison,” The BLT: The Blog of LegalTimes, July 31, 2012.

SEC asks Congress for more authority over municipal bonds,” The Washington Post¸ July 31, 2012.

Lucian Dervan, International White Collar Crime and the Globalization of Internal Investigations (July 2012) 

The Increasing Importance of Antibribery Compliance for Nonprofits,” Compliance Insider, July 13, 2012.

Judges Weigh Scope of Dodd-Frank Whistleblower Rules,” The Litigation Daily, July 12, 2012.

D.C. Judge Slices Out Charges in Securities Fraud Case,” The BLT: The Blog of LegalTimes, July 12, 2012.

S.E.C. Orders System to Aid Trade Tracking,” The Associated Press, July 11, 2012.

Lawmakers push ‘Stolen Valor’ fix to withstand future court challenges,” The Hill, July 11, 2012.

Assessing the Chances for Criminal Charges in the Libor Scandal,” The New York Times, July 10, 2012. [Related coverage here and here]

British Officials Announce Fraud Investigation Into Rate Manipulation,” New York Times, July 6, 2012. [Related article here]

Where’s the punishment after Justice Dept. misconduct?” The Washington Post, July 5, 2012.

Commentary on GlaxoSmithKline Settlement – The Government Push is Definitely on Health Care Fraud,” White Collar Crime Prof Blog, July 3, 2012.

Judge Decides Not to Force DOJ to Pay Clemens’ Legal Fees,” The BLT: The Blog of LegalTimes, July 3, 2012.

Reducing Corporate FCPA Exposure,” The Recorder, July 2, 2012.

Lisa Kern Griffin, Inside-Out Enforcement (June 2012 (posted date)) 

"When Can a Corporation’s Lawyer Blow the Whistle?” Corporate Counsel, July 2, 2012.

Lying About Earning War Medals Is Protected Speech Justices Rule,” The New York Times, June 28, 2012. [Opinion attached and commentary at White Collar Crime Prof Blog here and here]

Deferred Prosecution for Former Gen Re Asst. General Counsel,” Corporate Counsel, June 27, 2012.

Cracking the Code of a Good Corporate Code of Conduct,” Corporate Counsel, June 26, 2012.

Jon Jordan, The Adequate Procedures Defense Under the UK Bribery Act: A British Idea for the Foreign Corrupt Practices Act (June 2012)

D. Daniel Sokol, Cartels, Corporate Compliance and What Practitioners Really Think About Enforcement (June 2012)

Jonathan Rapping, Who’s Guarding the Henhouse? How the American Prosecutor Came to Devour Those He is Sworn to Protect (June 2012)
 

Abbe Lowell: Prosecutors’ bad decisions should have real costs,” The Washington Post, June 21, 2012. [Related article here].

In Insider and Enron Cases, Balancing Lies and Thievery,” New York Times, June 19, 2012.

Clemens Attorney: Jury ‘Didn’t Find the Case to Be Close,’” The BLT: The Blog of LegalTimes, June 19, 2012. [Related article here].

Conviction Will Embolden U.S. to Target Wall Street, Experts Say,” New York Law Journal, June 18, 2012. [Related article here]. 

The Big Three FCPA Lessons from the Morgan Stanley Case,” Corporate Counsel, June 14, 2012. [Related article here].

Balancing Conscience and Confidentiality for Attorney Whistleblowers,” Corporate Counsel, June 6, 2012.

DOJ Official Defends Internal Review of Ted Stevens Case,” The BLT: The Blog of LegalTimes, June 6, 2012.

Edwards Mistrial Puts Sharp Focus On Justice Department,” The BLT: The Blog of LegalTimes, May 31, 2012. [More here]

Playing Moneyball in the Compliance Department,” Corporate Counsel, May 31, 2012.

Government Dismisses Lindsey Manufacturing Case Appeal,” White Collar Crime Prof Blog, May 25, 2012.

7 Ways to Build Credibility During Government FCPA Investigations,” Corporate Counsel, May 25, 2012.

Prosecutors Face Penalty in ’08 Trial of a Senator,” The New York Times, May 24, 2012. [DOJ Letter to Senate and Full OPR Report]

Criminalizing Wrongdoing: When Judges Disagree,” Law.com, May 21, 2012.

SEC’s Investigation United ‘Outgunned, On A Roll,’” NPR, May 21, 2012.

What are the odds SCOTUS grants cert in the (in)famous Rubashkin case?,” Sentencing Law and Policy Blog, May 18, 2012.

John Edward’s 5 best shots,” Politico, May 17, 2012.

Eleventh Circuit Asked to Define ‘Foreign Official’ Under FCPA,” The American Lawyer, May 15, 2012. [Related story here]

Reducing the Risk of Successor Liability in Business Partnerships,” Corporate Counsel, May 14, 2012.

Gregory M. Gilchrist, The Expressive Cost of Corporate Immunity, April 2012. 

8 Ways to Encourage Whistleblowers to Report Internally,” Corporate Counsel, May 10, 2012.

Abbott Laboratories to Pay $1.5B for Off-Label Drug Marketing,” Legal Times, May 9, 2012.

Forecasting the Future of FCPA Enforcement,” Corporate Counsel, May 9, 2012.

Wrangling over anti-bribery law rages on, with top firms facing investigation,” The Washington Post, May 8, 2012.

The Benefits and Limitations of Cooperating With the SEC,” The Recorder, May 7, 2012.

Wal-Mart Scandal Highlights Gray Areas in Whistleblower Laws,” Corporate Counsel, April 27, 2012.

An In-House Counsel Corporate Corruption Playbook,” Corporate Counsel, April 26, 2012. [More commentary here and here]

Williams & Connolly Challenges DOJ Asset Forfeiture Action,” The BLT: The Blog of Legal Times, April 26, 2012.

With Wal-Mart Claims, Greater Attention on a Law,” The New York Times, April 25, 2012. [Related story]

Legal experts question theory of Edwards case,” Politico, April 25, 2012. [More coverage here and here]

Gibson’s Blues: Endless Laws Criminalizing Business,” CBN, April 24, 2012.

Great Expectations for the Forthcoming FCPA Guidance,” Corporate Counsel, April 20, 2012. 

ABA and CFPB Clash Over Attorney-Client Privilege,” Corporate Counsel, April 19, 2012.

Sentencing Commission Raises the Stakes for Insider Trading Involving ‘Organized Schemes’,” Compliance Week, April 18, 2012. [Related Story and more analysis

Intriguing Second Circuit ruling on restitution awards and plain error,” Sentencing Law and Policy Blog, April 18, 2012. [Opinion]

"CorpCounsel Obtains Release of AIG Corporate Monitor Reports,” Corporate Counsel, April 17, 2012.

Joseph W. Yockey, FCPA Settlement, Internal Strife, and the ‘Culture of Compliance’ (March 2012) 

Does The Case Against John Edwards Go Too Far?” NPR, April 12, 2012.

Appeals Court Limits Law Used in Goldman Programmer Case,” The New York Times, April 11, 2012. [2nd Circuit Opinion here]

"With 9-2 Ruling, Circuit Narrows Scope of Computer Fraud and Abuse Act,” The Recorder, April 10, 2012. [9th Circuit opinion here]

Attorneys Say Delay in Revealing Juror’s Identity Was Ethical,” New York Law Journal, April 10, 2012.

Lawyer Charged In Trial Scheme Wants Sanctions Against Prosecutors,” The BLT: The Blog of LegalTimes, April 9, 2012.

Federal Judicial Advisory Committee Ponders New E-Discovery Rules,” Law Technology News, April 6, 2012.

Clemens Quarrels With DOJ Over Access to Law Firm’s Notes,” The BLT: The Blog of LegalTimes, April 5, 2012.

FCPA Enforcement—Potential for Reform or More of the Same?,” Corporate Counsel, April 4, 2012.

DOJ’s Lafler/Frye Motion Goes Too Far,” White Collar Crime Prof Blog, April 4, 2012.

Billionaire Bust Spotlights Hong Kong’s ‘Untouchables’ – Meet the ICAC, Hong Kong’s Corruption-busters,” The Asian Lawyer, April 2, 2012.

Can the Marriage of the GC and Chief Compliance Officer Last?,” Corporate Counsel, March 30, 2012. [Related article here]

DOJ: Legislation Addressing Discovery ‘Unnecessary’,” The BLT: The Blog of LegalTimes, March 28, 2012. [Related story: Cost of Stevens Misconduct Report]

‘Overcriminalization’ Making Us a Nation of Felons?,” CBN News, March 28, 2012.

Reducing the Risk of Post-Merger Discovery Surprises in M&A,” Corporate Counsel, March 28, 2012.

S.E.C. Told to Share Notes in Insider Trading Case,” The New York Times, March 27, 2012.

Joan H. Krause, Kickbacks, Honest Services, and Health Care Fraud after Skilling, March 2012. 

Can the Marriage of the GC and Chief Compliance Officer Last?,” Corporate Counsel, March 30, 2012. [Related article here]

DOJ: Legislation Addressing Discovery ‘Unnecessary’,” The BLT: The Blog of LegalTimes, March 28, 2012. [Related story: Cost of Stevens Misconduct Report]

‘Overcriminalization’ Making Us a Nation of Felons?,” CBN News, March 28, 2012.

Reducing the Risk of Post-Merger Discovery Surprises in M&A,” Corporate Counsel, March 28, 2012.

S.E.C. Told to Share Notes in Insider Trading Case,” The New York Times, March 27, 2012.

Joan H. Krause, Kickbacks, Honest Services, and Health Care Fraud after Skilling, March 2012. 

Perspectives on the import and impact of Lafler and Frye,” Sentencing Law and Policy Blog, March 24, 2012. [NACDL Amicus brief here]

Should Second Circuit Show Rakoff’s Ruling Some Respect?,” The American Lawyer, March 23, 2012.

Border electronics search case to be re-heard,” Government Security News, March 22, 2012. [9th Circuit Opinion here]

Senate Judiciary Committee To Hold Hearing On Ted Stevens Report,” The BLT: The Blog of LegalTimes, March 21, 2012. 

Supreme Court Examines Roles of Jury and Judge in Setting Fines,” The New York Times, March 19, 2012. [NACDL Amicus brief here and Argument Transcript here]

Mike Koehler, What Percentage of DOJ FCPA Losses is Acceptable?, March 2012.
 

Second Circuit As To SEC Settlement Policy – ‘It Is Not . . . The Proper Function Of Federal Courts To Dictate Policy To Executive Administrative Agencies,” FCPA Professor, March 16, 2012. [Related article here]

DOJ Won’t Seek Review of Decryption Ruling,” The Wall Street Journal Law Blog, March 14, 2012.

The Rewards of Improved FCPA Compliance,” Corporate Counsel, March 13, 2012.

Antitrust Prosecutors Win Convictions at Trial in LCD Case,” The Recorder, March 13, 2012.

Double Jeopardy and the New World of Antibribery Laws,” Corporate Counsel, March 12, 2012.

Hits, and Misses, in a War on Bribery,” The New York Times, March 10, 2012.

Agency Officials Say Feds Remain Committed to FCPA Enforcement,” The BLT: The Blog of LegalTimes, March 8, 2012. 

Notable FPD fact sheet says ‘TRAC Analysis of Variations in Sentencing Misses the Mark,” Sentencing Law and Policy Blog, March 7, 2012. [Related story here]

In Alabama, 2nd Corruption Trial Ends in Acquittals,” The New York Times, March 7, 2012.

Eric Holder: Corporate fraud criminal cases coming soon,” The Christian Science Monitor, March 7, 2012 [Related story here]

Ofer Raban, Constitutionalizing Corruption: Citizens United, its Conceptions of Political Corruption, and the Implications for Judicial Elections Campaigns, February 2012.

Leonid Traps, ‘Knowingly’ Ignorant: Mens Rea Distribution in Federal Criminal Law after Flores-Figueroa, February 2012.
 

Galleon Group Judge on the FBI’s Insider-Trading Crackdown,” Corporate Counsel, March 2, 2012.

DOJ Prosecutor Challenges Release Of Ted Stevens Misconduct Report,” The BLT: The Blog of LegalTimes, March 1, 2012.

Five Essential Elements of a Successful International Compliance Program,” Corporate Counsel, March 1, 2012.

U.S. prosecutor says tough tactics to remain in bribery fight,” Chicago Tribune, March 1, 2012.

Big new insider-trading cases expected this year, regulator says,” The Washington Post, February 28, 2012.

Barbara Black, The SEC and the Foreign Corrupt Practices Act: Fighting Global Corruption is Not Part of the SEC’s Mission, February 2012.

Darryl K. Brown, Federal Mens Rea Interpretation and the Limits of Culpability’s Relevance, February 2012.

J. McGregor Smyth Jr., From ‘Collateral’ to ‘Integral’: The Seismic Evolution of Padilla v. Kentucky and Its Impact on Penalties Beyond Deportation, 2012. 

U.S. Chamber and NACDL Ask DOJ and SEC for Clear Guidance on FCPA Compliance,” Corporate Counsel, February 23, 2012.

Court: Fifth Amendment Protects Suspects from Having to Decrypt Hard Drives,” The Wall Street Journal, February 23, 2012. [Related story here]

The Great Gibson Guitar Raid: Months Later, Still No Charges Filed,” Reason Magazine, February 23, 2012.

Conflicts Arise When Complying With U.S. and E.U. Laws,” Corporate Counsel, February 22, 2012.

At DOJ’s Request, Judge Dismisses FCPA Sting Case,” The BLT: The Blog of LegalTimes,” February 21, 2012. [Additional coverage here]

Joan MacLeod Heminway, Thoughts on the Corporation as a Person for Purposes of Corporate Criminal Liability, February 2012 

Defense Lawyers Grilled on Their Knowledge of Juror Misconduct,” New York Law Journal, February 17, 2012. [Additional coverage here]

SEC Lists 13 New Actions Eligible for Whistleblower Bounties,” Corporate Counsel, February 17, 2012. 

Justice’s Bribery Racket,” The Wall Street Journal, February 17, 2012.

A New Era of Global Anti-Corruption Enforcement,” New York Law Journal, February 14, 2012.

With Tips From Whistle-Blowers, more Hands on Deck in Pollution Cases,” The New York Times, January 13, 2012.

Distinguishing between the ‘public corruption amendment’ and fighting public corruption,” PointofLaw.com, February 13, 2012.

Drury D. Stevenson & Nicholas J. Wagoner, FCPA Sanctions: Too Big to Debar?, November 2011 

STOCK Act’s expansive jurisdiction could lead to abuse of power,” NACDL’s Shana-Tara Regon, The Hill, February 10, 2012. [More commentary here]

Judge Orders Release Of Ted Stevens Prosecutorial Misconduct Report,” The BLT: The Blog of LegalTimes, February 8, 2012. [Order here]

A Star Panel Debates Financial Crisis Prosecutions,” The New York Times Dealbook, February 8, 2012. [Related story here]

DOJ Considers Abandoning Its FCPA Sting Prosecution,” The BLT: The Blog of LegalTimes, February 7, 2012. [Commentary from trial’s Jury Foreman here]

SEC Again Utilizes Strict Liability ‘Clawback’ Authority,” Forbes, February 6, 2012.

Microsoft Deputy GC Examines E-Discovery’s Impact on Global Ethics,” Law Technology News, February 1, 2012.  [Related story here]

Two Auto Parts Companies to Pay $548M in DOJ Antitrust Prosecution,” The National Law Journal, February 1, 2012.

Mortgage Fraud Task Force Has Big Names, Unclear Mandate,” Corporate Counsel, January 31, 2012. [Related stories here and here]

Federal jury deals setback to large Justice Department sting operation,” The Washington Post, January 31, 2012. [Additional coverage here and analysis here]

From the Experts: Preparing for Whistleblowers Under Dodd-Frank,” Corporate Counsel, January 30, 2012.

SEC Dismisses Case Against Ex-GC, Leaves Larger Questions Open,” Corporate Counsel, January 30, 2012.“ACC Challenges Illinois Ruling on Attorney-Client Privilege,” Corporate Counsel, January 27, 2012.

Con Artist Starred in Sting That Cost Google Millions,” The Wall Street Journal, January 25, 2012. [Free access for non-subscribers until Tuesday]

Federal judge in Denver rules suspect must unlock her computer,” Denver Post, January 24, 2012. [Opinion here and EFF Amicus here]

Megaload, meet Morrison,” Thomson Reuters, January 24, 2012.

In Sentencing Naaman, Judge Huvelle Dismisses DOJ’s Rhetoric And Refuses To Make Naaman The ‘Poster Child’ The DOJ Would Like,” FCPA Professor, January 23, 2012.

Brandon L. Garrett, Globalized Corporate Prosecutions, December 2011. [Related Database: Federal Organizational Plea Agreements]

Charles D. Weisselberg & Su Li, Big Law’s Sixth Amendment: The Rise of Corporate White-Collar Practices in Large U.S. Law Firms, January 2012.

Jack Fernandez, An Essay Concerning the Indictment of Lawyers for their Legal Advice, January 2012. 

SOPA Who? FBI Charges Seven with Online Piracy,” The Wall Street Journal, January 19, 2012. [More coverage here]

The Benefits of an FCPA ‘Compliance Defense,’” Corporate Counsel, January 18, 2012.

Judge Throws Out Criminal Case Against Oil Companies For Killing Birds At Drilling Sites,” Forbes, January 18, 2012. [Opinion here]

DOJ Collected $1 Billion-Plus in 2011 Antitrust Fines,” Corporate Counsel, January 17, 2012.

The FCPA Fiasco: Pressure Tactics In Corruption Cases Backfiring,” Forbes, January 17, 2012.

Amy Baron Evans & Kate Stith, Booker Rules, January 2012 

Foreign Bribery Defendants May Fight More as Cases Falter,” Bloomberg Businessweek, January 13, 2012. 

From the Experts: Complying with the FCPA, Staying Competitive in China,” Corporate Counsel, January 11, 2012.

DOJ and SEC Use of Deferred and Non-prosecution Agreements in 2011,” Corporate Counsel, January 10, 2012.

2011 Was a Banner Year for FCPA Enforcements and Trials,” Corporate Counsel, January 6, 2012. [Additional analysis by FCPA Professorhere and here]

S.E.C. Changes Policy on Firms’ Admission of Guilt,” The New York Times, January 6, 2012.

Computer Fraud and Abuse Act 101,” Texas Lawyer, January 4, 2012.

Mike Koehler, Revisiting a Foreign Corrupt Practices Act Compliance Defense, January 10, 2012. 

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