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Justice Department Publishes FCPA Opinion Release

A somewhat rare citing that should be of interest to those following Foreign Corrupt Practices Act enforcement: The Department of Justice has published an FCPA advisory opinion. The FCPA opinion procedures allow issuers and domestic concerns to get the Attorney General’s opinion on whether certain conduct is in line with the Department’s enforcement policy regarding […]

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Updated Horizontal Merger Guidelines Out for Comment

Required reading for anyone dealing with antitrust issues: Proposed revisions to the guidelines used by federal antitrust agencies to evaluate the competitive impact of mergers and compliance with U.S. antitrust law are now out for public comment. Following a public comment period and a series of public workshops, the Federal Trade Commission and the Department […]

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Revisions to Federal Sentencing Guidelines Approved

The U.S. Sentencing Commission has approved changes to the Federal Sentencing Guidelines aimed at bolstering the strength and independence of the chief compliance officer, although it dropped controversial proposals to change the language about independent monitors and document retention. The Commission approved the changes on April 7, but published the text of the new provisions […]

Posted inRegulatory Enforcement

Ruling Expands Scope of Whistleblower Protections

A federal judge in Massachusetts has fired a dramatic new volley in the battles over who can file whistleblower retaliation claims under Section 806 of the Sarbanes-Oxley Act, ruling that two employees of a private contractor to Fidelity Investments can pursue retaliation complaints against Fidelity, because the business ultimately serves investors in public companies. The […]

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Bill to Restore Private Action Against Aiders & Abettors

House lawmakers have introduced their version of a bill to restore private rights of action for aiding and abetting liability. Representative Maxine Waters (D-Calif.) has introduced H.R.5042, which would amend section 20 of the ’34 Exchange Act to allow for a private civil action against a person that provides “substantial assistance in violation of such […]

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