With the U.S. Navy mired in a bribery scandal involving a contractor who allegedly paid for preferential treatment with cash, prostitutes and Lady Gaga tickets, observers are questioning if Navy contracting officials missed early warning signs of misconduct when the contractor used low-priced bids to get a foot in the door.
Rhapsody International Inc. finally went to court Wednesday in a long-brewing fight over its control of the infamous “Napster” name, lodging a trademark infringement and unfair competition suit against the owner of an open-source music sharing site called Napster.fm.
EMusic founder Bob Kohn sought permission Wednesday to appeal a New York federal court's denial of his request to expand discovery as it mulls final approval of government settlements with Penguin Group USA Inc. and Macmillan Publishers USA for their roles in an e-book price-fixing conspiracy with Apple Inc.
A New York federal judge on Wednesday ordered three former General Electric Co. finance executives to be released from prison one day after the Second Circuit reversed their convictions in an alleged municipal bond bid-rigging scheme involving kickbacks to brokers.
Valley National Bancorp, its top brass and the law firm Genova Burns Giantomasi Webster LLC were hit with a $90 million racketeering suit in New Jersey federal court Tuesday alleging they ran a decadelong scheme to take advantage of mortgage borrowers and profit off of foreclosed properties.
Germany's antitrust watchdog announced Wednesday that it has begun an in-depth investigation into Fresenius Helios' proposed $4 billion acquisition of hospitals from rival Rhoen-Klinikum AG, which would create Europe's largest private hospital operator.
A Tokyo-based manufacturer of car lights that allegedly conspired with competitors to rip off U.S. automakers by fixing the prices of a headlamp component has agreed in a plea deal to pay a $1.44 million criminal fine, the U.S. Department of Justice said Wednesday.
The European Commission on Wednesday announced that it has levied $39 million in fines against North Sea traders for operating a cartel to fix shrimp prices and share sales volume in Belgium, France and Germany for nearly a decade.
Turkish mobile phone operator Turkcell Iletisim AS said Wednesday that it has launched a $4 billion lawsuit against MTN Group in a South African court alleging the company bribed officials to participate in Iran’s second mobile phone network.
A city invited illegal kickbacks by asking companies seeking an ambulance contract to provide it with deep discounts, and a bidder’s effort to dial back the handouts might be insufficient to avoid violating federal law, according to a U.S. Department of Health and Human Services advisory opinion Wednesday.
New York's court of last resort on Tuesday upheld the dismissal of the Russian American Foundation Inc.'s libel suit against Daily News LP after lower courts held that the paper was merely reporting on a judicial proceeding when it allegedly tied the nonprofit to bribes taken by now-jailed state Sen. Carl Kruger.
American Airlines Inc. parent AMR Corp. on Wednesday received a New York bankruptcy judge's approval of a settlement with the federal government allowing it to implement its merger with US Airways Group Inc., which is scheduled to go into effect Dec. 9.
A slot machine company filed a $5 million suit Tuesday against a competitor formed by the company’s former in-house counsel, alleging he poached employees and appropriated trade secrets in violation of a nondisclosure agreement he signed upon his exit.
Lockheed Martin Corp. was found liable for $24.8 million in damages to Command Technology Inc. on Monday, after a Maryland jury found that Lockheed had illegally interfered with Command Technology's efforts to sell competing technical maintenance software for F-16 jet fighters resold to American allies.
A Florida federal judge declined to rule that Halifax Hospital Medical Center’s bonus arrangement with certain oncologists violated the False Claims Act's Anti-Kickback Statute, saying Tuesday that a qui tam relator has not overcome the hospital's argument that the payments are subject to the so-called bona fide employment exception.
Toyo Tire & Rubber Co. Ltd. agreed on Tuesday to pay a $120 million fine and plead guilty for its role in two separate schemes to fix automotive component prices, becoming the latest auto parts maker to settle U.S. Department of Justice antitrust charges.
A California federal judge on Monday reversed course and ordered that Leonard Glenn Francis, the Malaysian businessman accused of bribing U.S. Navy officials in a scheme to overbill the government for tens of millions, be held without bond.
A New York federal judge on Tuesday refused to toss a $153.3 million award against Hebei Welcome Pharmaceutical Co. Ltd. and North China Pharmaceutical Group Corp. in a class action over vitamin C price-fixing claims, finding a jury wasn't improperly blocked from evidence.
The European Union's antitrust watchdog on Tuesday announced its approval of Thermo Fisher Scientific Inc.’s $13.6 billion acquisition of Life Technologies Corp., after the buyer agreed to divest three units to ease concerns about the merged entity cornering the markets for some supplies to medical laboratories.
The Department of Justice’s Antitrust Division announced Monday that it has named Brent Snyder as deputy assistant attorney general for criminal enforcement, replacing Scott D. Hammond, who left the department for private practice in October.
As evidenced by the U.S. District Court for the Southern District of New York's recent decision in Janus et Cie v. Kahnke, the law must balance between protecting against claims of trade secret misappropriation and permitting employers to harass former employees by litigating unsupported claims without alleging any wrongdoing, say R. Mark Keenan and Dennis Artese of Anderson Kill PC.
In light of the recent Diebold Inc. Foreign Corrupt Practices Act settlements, companies assessing the option of self-disclosure must consider the real possibility that doing so may not shield them from the increased costs and scrutiny associated with the retention of independent compliance monitors, say attorneys with Norton Rose Fulbright.
In contrast to sectors historically targeted by the U.S. Department of Justice and Securities and Exchange Commission, such as pharmaceuticals and energy, the financial services sector — and private equity firms in particular — have managed to avoid the Foreign Corrupt Practices Act limelight. But the landscape appears to be changing, say Amy Riella and Kristen Shepherd of Vinson & Elkins LLP.
A California federal court's rejection of customer testimony in the U.S. Department of Justice's 2004 challenge of the Oracle Corp.-PeopleSoft Inc. merger was widely considered to be a huge blow to agency merger enforcement. But in an interesting pivot, in the recent Bazaarvoice Inc. case, the DOJ tried to use Oracle to its strategic advantage, say Brian Rafkin and Jeremy Cline of Baker & McKenzie LLP.
While reliance on outside counsel will continue, only 13 percent of companies recently surveyed indicated that increasing the use of outside counsel was of high importance in addressing increases in legal demand. The trend, more notably since the economic crisis of the late 2000s, has been on rigorous management of outside counsel costs — 95 percent of survey participants said they are taking measures to reduce outside counsel spending, says Lauren Chung of HBR Consulting LLC.
China appears to be strengthening its grip on the implementation of international merger and acquisition transactions by increasingly imposing a variety of conditions on such transactions. Meanwhile, amid concerns that China's merger review process needed improvement in transparency and efficiency, the Ministry of Commerce issued two sets of draft rules this year, says Suat Eng Seah of Weil Gotshal & Manges LLP.
A basic scorecard can guide you to a general understanding of the levels of risk posed by third parties who may be providing services for your company in your international operations. Most third parties likely will not fit neatly into any one risk category when all factors are considered, but patterns can be drawn from such factors, say Roy McDonald and Vishali Singal of DLA Piper.
The Federal Trade Commisison and the U.S. Department of Justice recently released a revised model confidentiality waiver for merger and nonmerger civil investigations that involve concurrent review by U.S. antitrust enforcers and non-U.S. competition authorities. There are some benefits for entities who agree to the waiver, but a party under investigation should carefully consider whether to grant it, say attorneys with Norton Rose Fulbright.
As the Foreign Corrupt Practices Act resource guide recognizes, and several recent cases demonstrate, pre-acquisition anti-corruption due diligence alone will not provide protection from FCPA successor liability. Companies must have a detailed FCPA plan of action as negotiations advance, due diligence commences, and negative due diligence results are uncovered, says Sharie Brown of Troutman Sanders LLP.
It’s not too surprising that the marriage of a police officer and a prisoner would have adverse employment consequences, but nothing in the law distinguishes that marriage from one between law-abiding executives at Coke and Pepsi. While Coke might not fire an employee for marrying an executive at Pepsi, in most states, it could, says John Connolly of Zuckerman Spaeder LLP.