Corporate Law (CLE)

The Corporate Transparency Act (CTA) is a significant piece of legislation aimed at improving financial transparency in the United States. This live webcast focuses on providing a comprehensive understanding of the final rules and key reporting guidelines issued by the Financial Crimes Enforcement Network (FinCEN) concerning the CTA. Attendees will gain valuable insights into the implications of these rules and guidelines for businesses and financial institutions, ensuring compliance and effective implementation.

The unceasingly evolving field of cannabis continues to bring complex regulatory challenges among businesses and legal practitioners. Although still illegal under federal law, several states and territories in the US have already legalized the use of cannabis for both medical and recreational purposes. In April 2022, the U.S. House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. If passed by the Senate, the MORE Act would abolish criminal penalties for federal cannabis offenses, decriminalize cannabis at the federal level, and expunge past federal cannabis convictions.

Preserving and protecting privilege remains a critical and challenging issue in internal investigations. Taking a misstep by disclosing sensitive information can result in damaging legal and reputational consequences. With the ethical traps, potential large number of factual witnesses who must keep information confidential for privilege to be preserved, the possible involvement of outside technical experts, and numerous other  issues that arise during an investigation, the protection of privilege is tricky.

Contracts are the lifeblood of any organization. But with overwhelming manual workloads, disorganized storage practices, and the lack of monitoring capabilities, legal departments and contract administrators constantly experience a wealth of problems in managing their contracts.

In the past years, the Department of Justice (DOJ) pursued and resolved a variety of fraud matters tied to the aggressive enforcement of the False Claims Act (FCA). The ongoing COVID-19 crisis has further prompted a significant uptick in fraudulent activities –prodding the U.S. government to strengthen fraud enforcement capabilities.

To deter the increasing number of bribery and corruption offenses among US entities, intensified Foreign Corrupt Practices Act (FCPA) enforcement actions continue to be a focus area this year. Specifically, the FCPA is requiring companies to retain their company’s record “in reasonable detail, [and to] accurately and fairly reflect the transactions and dispositions of [assets]” to conform with the FCPA’s books and records requirements. Failure to comply could lead to legal lawsuits and hefty fines.

The fiscal year 2020’s proxy season is marked with significant developments that companies must carefully consider. A number of these concerns include the Institutional Shareholder Services (ISS) proposed proxy voting policy changes as well as significant trends and developments from last year which are expected to have a noteworthy impact on the upcoming legal and regulatory landscape.

The aggressive enforcement of the Foreign Corrupt Practices Act (FCPA) continues to be a priority for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). Seven enforcement actions were made during the third quarter of 2019 with about $78.5 million in disgorgement and penalties. Top areas of enforcement include corporate compliance individual accountability, international cooperation, and multi-jurisdictional coordination.

The next proxy season is expected to have significant changes and developments because of the COVID-19 global crisis. In line with this, the release of the Institutional Shareholder Services' (ISS) Annual Benchmark Policy Survey, which outlines important voting policy revisions and risks amid the pandemic, must be carefully considered.

The False Claims Act (FCA) remains to be the primary tool used by the government in fighting fraudulent crimes in various sectors. With the significantly increasing number of settlements under FCA for the past years and the heightened enforcement actions that expose several industries to the risk of investigations, companies must always be in the know of the recent developments shaping the landscape. An in-depth understanding of the trends will help them avoid liability risks and ensure compliance.

With the new administration and several notable issues continuously emerging in the backdrop, an increase in enforcement actions is expected to hound the Foreign Corrupt Practices Act (FCPA) landscape bringing both complexity and new compliance challenges to businesses. Significant developments affecting large corporate FCPA settlements, multi-jurisdictional FCPA matters, and increased individual enforcement need crucial consideration and anticipation from companies and their counsel.

Halfway into President Trump's administration, the Department of Justice (DOJ) provided a clearer image of its enforcement priorities for the False Claims Act (FCA).

In response to the uncertainties brought by the COVID-19 crisis, congress had passed several economic relief opportunities for distressed companies significantly impacted by the pandemic. However, along with these opportunities are heightened levels of scrutiny and enforcement efforts from the government to root out potential fraud under the False Claims Act (FCA) against companies taking advantage of these funds.