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Southern District Of New York Dismisses In Part Securities Fraud Claims Against Major Industrial Conglomerate, Allowing Claims Based Upon Factoring In Financial Filings To Proceed
On August 29, 2019, Judge Jesse M. Furman of the U.S. District Court for the Southern District of New York dismissed most of the securities fraud claims
United States
12 Sep 2019
Parental Liability For EU Antitrust Infringements: New And Broad Frontiers
The European Union (EU) antitrust law concepts of ‘undertaking' and ‘single economic entity' allow fines to be imposed on parent entities of subsidiaries involved in cartel conduct
European Union
22 Aug 2019
FCPA Digest - Recent Trends And Patterns In The Enforcement Of The Foreign Corrupt Practices Act - July 2019
The first half of 2019 has been an exception, resulting in some of the highest penalty statistics of any half year of FCPA enforcement.
18 Jul 2019
Lanpher Interviewed On FCPA Compliance Report Podcast
Partner Mark Lanpher (Washington, D.C.-Litigation) was interviewed by the FCPA Compliance Report Podcast,
United States
27 Jun 2019
Fifth Circuit Revives Securities Fraud Claims In Suit Between Former Business Associates
On May 15, 2019, the United States Court of Appeals for the Fifth Circuit partially revived a securities fraud suit brought by a doctor and his business partner ...
United States
14 Jun 2019
New Jersey District Court Dismisses Putative Securities Fraud Class Action For Failure To Plead Scienter
On January 31, 2019, Judge Madeline Cox Arleo of the United States District Court for the District of New Jersey granted with leave to amend defendants' motion to dismiss a putative securities fraud
United States
15 Feb 2019
The US Supreme Court Will Analyse Mental State Standard For Claims Alleging Misstatements In Connection With Tender Offers
On 4 January 2019, the U.S. Supreme Court agreed to consider whether negligence or scienter is the appropriate mental state standard for misstatements or omissions ...
United States
7 Feb 2019
US Supreme Court Considers Relationship Between Scheme Liability And False Statement Liability Under Federal Securities Laws
On 3 December 2018, the U.S. Supreme Court heard argument in Lorenzo v. SEC. The case is an appeal of the D.C. Circuit's ruling that a person who does not make the alleged false statement ...
United States
7 Feb 2019
OFAC Targets Narcotics Traffickers & Criminal Organizations
On October 18, OFAC, in coordination with the Drug Enforcement Administration, designated Pedro Luis Zuleta Noscue ("Noscue") and his close associates pursuant to the Foreign Narcotics Kingpin
United States
30 Jan 2019
FCPA Digest 2019 – Recent Trends And Patterns In The Enforcement Of The Foreign Corrupt Practices Act
Shearman & Sterling's bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere
United States
8 Jan 2019
EU Countering Money Laundering By Criminal Law Directive Will Apply From December 2020
On November 12, 2018, the EU Countering Money Laundering by Criminal Law Directive was published in the Official Journal of the European Union.
European Union
28 Nov 2018
Fraud Carve-Out Provisions For M&A Agreements
One of the most heavily negotiated provisions of a private M&A transaction agreement is the indemnification provision, which governs each party's remedies in the event ...
United States
23 Nov 2018
UK Conduct Regulator Bans Former LIBOR Submitter From Performing Any Regulated Activity
On November 1, 2018, the U.K. FCA published the Final Notice (dated October 30, 2018) that it issued to a former employee of a major international bank ...
23 Nov 2018
UK Serious Fraud Office Charges Former Banker With Conspiracy To Defraud For Manipulation Of Euro Interbank Offered Rate
On October 21, 2018, the U.K. Serious Fraud Office charged a former banker with conspiracy to defraud, as part of its investigation into the manipulation of the Euro Interbank Offered Rate.
8 Nov 2018
Can A Cyber Breach Be A Violation Of Internal Controls? The Sec Says, ‘Maybe'
On October 16, 2018, the Securities and Exchange Commission (SEC) issued a report outlining an investigation conducted by the SEC's Division of Enforcement related to the internal accounting controls
United States
6 Nov 2018
Ninth Circuit Reverses Dismissal Of Securities Fraud Class Action And Rules That The Purchase And Sale Of American Depository Receipts Traded On An Over-The-Counter Market Can Be A Domestic Transaction Under Morrison
On 17 July 2018, the Ninth Circuit reversed the dismissal of Automotive Industries Pension Trust Fund, et al. v. Toshiba Corp., a putative securities class action, which alleged that the defendant ...
United States
31 Oct 2018
Shearman Publishes Recent Trends And Patterns In The Enforcement Of The FCPA
On 11 June 2018, the U.S. Supreme Court held in China Agritech, Inc. v. Resh that the tolling rule first stated in American Pipe & Construction Co. v. Utah ...
United States
30 Oct 2018
UK Conduct Regulator Fines Retail Bank For Failures During A Cyber Attack
On October 1, 2018, the FCA published a final notice issued to a U.K. Retail Bank for breaches of Principle 2 of the FCA's Principles for Businesses.
17 Oct 2018
US Federal Judge Affirms Commodity Futures Trading Commission's Authority To Police Virtual Currency Fraud
On September 26, 2018, the U.S. District Court for the District of Massachusetts issued an order confirming that the Commodity Futures Trading Commission ...
United States
10 Oct 2018
Financial Regulatory Developments Focus — Issue 39, October 5, 2018
In this week's newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers...
9 Oct 2018
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