Informations juridiques
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 New York Courts Evaluate Sexual Violence Allegations
Sexual violence in New York encompasses a range of criminal offenses that involve nonconsensual sexual contact or conduct, governed by strict statutory definitions that distinguish between degrees of severity based on force, age, and injury. New York Penal Law defines sexual violence through a framework of offenses, from sexual abuse to rape, each with specific elements that prosecutors must prove beyond a reasonable doubt. Understanding the statutory distinctions and the burden of proof standards is critical because mischaracterization of conduct or procedural defects in investigation, arrest, or charging can affect how a case proceeds. This article covers the legal definitions of sexual violence offenses, the intent and impact standards courts apply, and how New York courts evaluate allegations across different fact patterns.
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When Engineering Defense Becomes Necessary in Construction Claims
Engineering defense is a legal strategy that challenges the technical feasibility, design standards, or industry practice underlying a claim of defect or negligence. In tenant disputes involving building conditions, structural failures, or maintenance claims, an engineering defense may argue that a condition resulted from proper design, compliance with applicable codes, or reasonable maintenance practices rather than landlord negligence. From a practitioner's perspective, these defenses require expert analysis of New York building codes, industry standards, and the specific facts of the property condition at issue. Understanding how courts evaluate engineering evidence helps tenants assess the strength of their claims and what documentation may strengthen their position.
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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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