The FCPA in 2012
The year 2012 will probably be remembered in the annals of FCPA history as the year of the Guidance (formally known as A Resource Guide to the US Foreign Corrupt Practices Act). Its release had been eagerly anticipated since Assistant Attorney General Lanny A Breuer announced in November 2011 that the government would issue detailed guidance on the FCPA. One year later, the Department of Justice and Securities and Exchange Commission jointly released a 120-page policy paper that, in some detail, sets forth the agencies’ views on the statute and criteria for bringing enforcement actions.
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Next year, market participants may be required to execute certain interest rate swaps and credit default swaps on a DCM or SEF, rather than entering into such swaps over the counter.
The Dodd-Frank Act amended section 4a of the CEA to require the Commodity Futures Trading Commission (CFTC) to establish position limits on an aggregate basis.
Analysis from The Lawyer
Shell legal director Peter Rees is switching litigation control away from external counsel to a unified global team of in-housers