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Multinational Legal Regulatory Risk Consulting Attorney Manages Risk
The FCPA has two sets of provisions, and they operate differently. The anti-bribery provisions require corrupt intent. The accounting provisions — books and records, and internal controls under 15 U.S.C. § 78m(b)(2) — apply to issuers and require no corrupt intent at all, which is why a substantial share of enforcement arises there rather than from a bribe.Liability for third parties turns on knowledge. Under § 78dd-1(f)(2) a company is liable for a payment made through an agent, distributor or consultant where it knew of the payment, and knowledge includes awareness of a high probability of it — conscious disregard. The practical consequence is that unexplained commissions and unusual intermediary arrangements carry exposure whether or not anyone authorized a bribe. Enforcement priorities changed in 2025. Following a 180-day pause, the Department of Justice resumed FCPA enforcement under new guidelines in June 2025. Cases are now prioritized where the conduct deprived identifiable US companies of a fair opportunity to compete, where evidence of individual corrupt intent is strong, or where there are links to cartels, transnational criminal organizations, or sectors such as defense, infrastructure and critical minerals. Corporate liability built on collective knowledge is disfavored in favor of charging individuals, investigations require authorization at the Assistant Attorney General level, and matters may be referred to foreign authorities better placed to prosecute. In an acquisition, misconduct discovered at the target is addressed under the Department’s M&A safe harbor: a company that identifies the conduct through diligence, discloses within six months of closing, and remediates within twelve months receives a presumption of declination.
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Asset Seizure and Forfeiture: Challenging Frozen Property
Asset seizure and forfeiture laws determine when authorities may take property and how owners can contest forfeiture under state or federal law.Property seized during a criminal investigation is not necessarily subject to permanent forfeiture. New York and federal laws establish different requirements for freezing assets, connecting them to alleged crimes, and seeking their return. The seizure notice or court order helps identify the governing procedure and filing deadline.
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Fdi Transaction Structure and Regulatory Review Process
FDI transaction compliance involves CFIUS review, filing obligations, national security assessment, and export control requirements.. An FDI transaction involves foreign investment in U.S. .usinesses and may require CFIUS review, regulatory filings, and national security assessments. Understanding an FDI transaction is essential for evaluating ownership structures, filing obligations, export control risks, and post-closing compliance requirements. A properly structured FDI transaction helps investors address regulatory scrutiny, obtain required approvals, and reduce enforcement risks throughout the investment lifecycle.
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How Does New York Law Handle Sextortion and Video Blackmail?
Sextortion and video blackmail are forms of extortion in which a perpetrator threatens to distribute intimate images or videos unless the victim pays money or complies with other demands. These crimes involve a threat to publish or share private sexual material, coupled with a demand for payment, sexual favors, or further intimate content. New York law treats such threats as serious felonies under extortion and cybercrime statutes, and federal law provides additional criminal penalties under the Sextortion Act and related provisions. This article addresses how victims can understand the legal framework protecting them, the procedural mechanisms available to report and pursue accountability, and the documentation and timing considerations that matter most when engaging law enforcement or the courts.
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Demolition Litigation Strategies for Landlords Facing Injunctions
Demolition litigation involves disputes over the legal right to demolish a property, the adequacy of notice and relocation procedures, and liability for property damage or personal injury during the demolition process. From a landlord's perspective, demolition disputes often arise when tenants, adjacent property owners, or municipal agencies challenge the demolition decision or contest compliance with statutory requirements. The legal framework governing demolition in New York combines property law, housing regulations, and administrative procedure, creating overlapping obligations that can expose a landlord to significant procedural risk if not managed carefully. Understanding the regulatory landscape, notice requirements, and potential defenses early in the process shapes how disputes are resolved and what remedies courts may consider available.
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What Should You Know about Wrongful Termination Action?
A wrongful termination action arises when an employer fires an employee in violation of public policy, statutory protection, or an implied contract term, and understanding the specific legal grounds for your claim determines whether you have a viable case. In New York, wrongful termination claims rest on distinct legal theories, each with different burdens of proof and evidentiary requirements. The most common pathway involves termination that violates a clearly established public policy, such as retaliation for jury duty, filing a workers' compensation claim, or reporting unsafe workplace conditions. A second category covers termination based on discrimination or harassment tied to a protected characteristic, which falls under both state and federal employment law, and often involves administrative proceedings before civil litigation.
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