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Jan 06

It’s All About the Culture . . . and Committing the Resources to Protect It and Yourself

Christopher Scott D’Angelo, MMWR Partner and Chairman of its International Practice, recently wrote an article published in the Pharmaceutical Compliance Monitor about the importance of creating and maintaining a culture of compliance within a company. He emphasizes the benefits of such efforts in light of… Read More

Dec 30

Former Oriole Swinging for the Fences in Insider Trading Prosecution

The fallout from the Second Circuit’s decision in United States v. Newman continues and threatens to affect not just future enforcement actions, but pending prosecutions. As we have noted before, the Second Circuit in Newman required that a trader / tippee know that an insider… Read More

Dec 12

UPDATE: Second Circuit Reverses “Downstream Tippee” Convictions

This guest post was authored by our colleague Mark B. Sheppard, a partner in the firm’s Litigation Department. Mark focuses his practice on white collar criminal defense, SEC Enforcement and complex commercial civil litigation. He can be reached at msheppard@mmwr.com or 215.772.7235. As we predicted… Read More

Dec 11

Britain’s Serious Fraud Office Secures First Convictions Under Bribery Act

Last Friday, news came from across the Atlantic that Britain’s Serious Fraud Office (“SFO”) had successfully obtained its first series of convictions under the UK’s Bribery Act of 2010 (the “Bribery Act”), which became effective in July 2011. The SFO reported that a jury had found… Read More

Dec 04

ABA Task Force Proposes Significant Change to Fraud Guidelines

When the U.S. Sentencing Commission adopted the original Sentencing Guidelines in 1987, it sought to ensure that white collar offenders faced “short but definite period[s] of confinement.” U.S. Sentencing Commission, Fifteen Years of Guidelines Sentencing: An Assessment of How Well the Criminal Justice System is… Read More

Nov 19

“World Tour” FCPA Compliance Lesson: Review Employee’s Expense Reports

On Monday, the SEC sanctioned two former defense contractors, Stephen Timms and Yasser Ramahi, for violating the Foreign Corrupt Practices Act. Timms and Ramahi worked in sales for FLIR Systems Inc., a company headquartered in Oregon that produces thermal imaging, night vision, and infrared cameras… Read More

Oct 20

Of Dropbox and Data Breaches: Highlighting the need for increased cyber-security at home and in the workplace

This guest post is authored by Michael B. Hayes. Hayes’ practice concentrates on commercial litigation, government and corporate investigations. Hayes is frequently called upon by clients and colleagues to provide legal expertise and consultation concerning electronic discovery issues. He can be reached at mhayes@mmwr.com or… Read More

Oct 15

DOJ Policy Shift: No Waiver for Ineffective Assistance of Counsel Claims

Back in January, we wrote about the challenge facing counsel when the United States Attorney’s Office requires a defendant to waive his or her Sixth Amendment claims of ineffective assistance of counsel as part of any plea deal. Today, this practice (which is policy within… Read More

Oct 14

Supreme Court Denies Review of “Acquitted Conduct” Sentences

A defendant exercises his constitutional right to a jury trial and is proven guilty by a jury of his peers. The jury, confronted with multiple charges against the defendant, weighs the evidence and acquits on all counts, save one for which they find him guilty… Read More

Oct 10

What Not to Do Before a Federal Sentencing: Lesson Learned from the Giudices

Teresa and Joe Giudice – the reality show husband and wife duo from the show Real Housewives of New Jersey – were sentenced to jail last week after pleading guilty to federal charges for bank and wire fraud. Perhaps lost amid the media frenzy that… Read More