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Client Alert January 11, 2024

New U.S. Bribery Law Could Put Non-U.S. Officials Under Unwarranted Scrutiny

  • A new law criminalizing the demanding or receipt of payments from U.S. individuals or entities gives the U.S. Department of Justice new tools to extend its targeting of non-U.S. individuals in corruption investigations.
  • This puts politically connected individuals at risk of becoming subject to aggressive U.S. investigations, initiated by politically motivated domestic rivals.
  • At-risk individuals should take proactive steps to protect their reputations, assets and liberty.

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Client Alert November 22, 2023

New U.S. DOJ “Safe Harbor” Provisions May Not Be So Safe for Non-U.S. Companies

  • The U.S. Department of Justice announced a new policy promising companies leniency if they report uncovered misconduct within six months of a merger or acquisition.
  • Though this may at first appear to be “good news,” it demonstrates the DOJ’s increasing aggressiveness to companies – including non-U.S. companies – that did not commit any wrongdoing.
  • We look at why companies should be wary of cooperation, and how they can approach the DOJ more prudently.

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Client Alert November 1, 2023

Responding to U.S. DOJ Actions Against Latin American Individuals

  • The U.S. Department of Justice is continuing to extend its long arm jurisdiction into aggressively scrutinizing individuals in Latin America.
  • Many targets may become embroiled in what can be overstated allegations, threatening their assets, liberty and reputation.
  • Targets need to work with cross-border counsel knowledgeable in the DOJ’s tactics to push back as early as possible.

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Client Alert August 17, 2023

Global Companies Can Gain Advantage From Aggressive U.S. Antitrust Enforcement

  • U.S. government antitrust agencies – including the U.S. Department of Justice Antitrust Division and Federal Trade Commission – have become increasingly aggressive in their enforcement.
  • While this puts more multinational companies with U.S. links at risk, it could also present an opportunity.
  • Our team explains how the changing antitrust enforcement environment can provide tools for companies to keep their competitors in check.

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Client Alert July 12, 2023

What Multinational Companies Should Know About Unprecedented Extraterritorial Activities by the South Korean Police

  • The South Korean Police are expanding their extraterritorial activities, with many multinational companies now in their sightline.
  • Many companies are unfamiliar with handling Korean inquiries and investigations, but their next steps can be crucial to risks to their business.
  • Our cross-border team explores strategies to help companies mitigate their risks and stand up to prosecutorial overreach.

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Client Alert April 26, 2023

Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome

  • Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
  • However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
  • We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.

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Client Alert February 16, 2023

Traders Can Stand Up to Investigations from Regulators and Exchanges

  • U.S. government regulators are ramping up enforcement actions against traders for alleged market manipulation and spoofing.
  • Exchanges and self-regulatory organizations are piling on, subjecting traders to their own investigations.
  • Traders should not be afraid to stand up to these entities, and there are effective counteroffensive measures that can drive successful outcomes.

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Client Alert January 9, 2023

Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud

  • Victims of large-scale and sophisticated fraud in Brazil may struggle to recover their assets by only using tools available in the domestic legal system.
  • However, a growing interest in fighting cross-border crime by U.S. authorities, together with the power of tools in the U.S., provide victims with a potentially better path to success.
  • Our cross-border team explains what strategies victims can deploy to achieve results.

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Client Alert November 2, 2022

Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply

  • The U.S. Department of Justice has released new guidelines that signal their aggressive prosecution of individuals and companies outside the U.S.
  • At-risk non-U.S. companies must understand the potential implications of the DOJ’s new position.
  • Our global Government Enforcement Defense team explains why internationally based former U.S. government lawyers are best positioned to address the issues.

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Client Alert March 27, 2019

Successfully Fighting a Spoofing or Market Manipulation Subpoena from the DOJ or the CFTC

  • The U.S. government has set its sights on market manipulation and “spoofing” among both traditional and digital currency traders.
  • For the trading firms and other market participants who could be in the government’s crosshairs, now is the time to plan how you will respond to a subpoena.
  • Traders and trading firms that find themselves on the receiving end of a subpoena related to spoofing or market manipulation should not immediately assume that cooperation is the best or only way to respond.

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