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On 20 June 2012, the European Securities Markets Authority published new guidance on the use of ‘up to amount’ listings of global depositary receipts (GDRs) which provides much needed clarity to issuers and participants in the European GDR markets.
EU commission ends antitrust proceeding after Areva and Siemens agree to limit scope of non-compete and confidentiality obligations
On 18 June 2012, the European Commission announced its decision to accept commitments offered by Areva SA and Siemens AG limiting the scope and duration of non-compete and confidentiality obligations agreed to in the context of a nuclear technologies joint venture.
Yesterday in a criminal case, United States v Hamilton, 2012 WL 6000731, the US Court of Appeals for the Fourth Circuit held that emails the defendant sent to his wife over his employer’s email system were properly admitted as evidence against him.
In this issue: the SFO’s latest bribery related settlement; The difficulty of recovering damages from the government when an FCPA prosecution misfires; German High Court ruling on pharmaceutical industry and doctors.
This issue represents the first installment of a new feature of FCPA Update: our regional spotlight series.
In an important reversal of precedent, the Supreme Court of India held that Indian courts may not exercise supervisory jurisdiction over foreign-seated arbitrations pursuant to the Arbitration and Conciliation Act, 1996.
On 28 August 2012, the UK’s Financial Services Authority published a consultation paper which includes proposals to amend the rules on how insurance firms deal with client money.
After months of policy paralysis, the Indian government, on 14 September 2012, announced major reforms permitting and/or increasing foreign direct investment in the areas of multibrand retail, civil aviation, broadcasting and power trading exchanges with a view to boost economic growth.
On 28 September 2012, the French government released its much-awaited draft budget for 2013, which, unsurprisingly, contains significant tax increases, targeting wealthy individuals and large businesses.
On 14 November 2012, the US Department of Justice and the Securities and Exchange Commission issued A Resource Guide to the US Foreign Corrupt Practices Act, which provides extensive and long-awaited guidance on the interpretation and enforcement of the FCPA.
In this issue: US enforcement agencies issue extensive new FCPA guidance; recent surveys highlight anti-corruption trends facing companies; Italy adopts new anti-corruption law.
The spotlight is shining once again on the use (and possible abuse) of Rule 10b5-1 trading plans by corporate executives.
The National Association of Insurance Commissioners held its 2012 Fall National Meeting from 29 November to 2 December 2012 in National Harbor, Maryland.
An update on cases related to the Foreign Corrupt Practices Act, including the DOJ’s case against Morgan Stanley, the British government’s proposals concerning deferred prosecution agreements, and developments in Russia’s fight against corruption.
An update on issues arising from the Foreign Corrupt Practices Act, including Transparency International’s 2012 Corruption Perceptions Index DOJ and SEC discussions on FCPA guidance and current enforcement issues, and news from the BRICs.
For the past year, top officials of the Securities and Exchange Commission (SEC) have repeatedly identified the valuation of illiquid assets held by registered funds and private equity and hedge funds as one of the regulatory agency’s top five areas of enforcement focus. And, true to its word, the SEC has been actively pursuing such investigations.
On 14 December 2012, the Federal Reserve Board issued proposed rules implementing the enhanced prudential standards and early remediation requirements of Sections 165 and 166 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
On 18 December 2012, the draft Federal Law on Amendments to Chapters 1, 2, 3 and 4 of Part One of the Civil Code of the Russian Federation had its third reading in the Russian State Duma.
On 18 December 2012, the lower house of India’s parliament cleared the Companies Bill 2012, in a significant step towards replacing the more than 50-year-old Companies Act 1956.
The year 2012 will probably be remembered in the annals of FCPA history as the year of the Guidance.