Category: Opinion

Not so Safe Harbor: EU-US data protection cooperation on the rocks.

After the Snowden relevations, the European Union is finally getting its data privacy act together and it looks like a brutal fight is ahead, possibly leaving global corporations’ reliance on the longstanding safe harbor provisions, standard clauses and consents listing somewhere mid-Atlantic. Here’s the EU Commission VP & Commissioner for Justice, Fundamental Rights and Citizenship Reding […]

Collateral bribery damages: NYC now 3rd fund to file suit v. Wal-Mart.

In another of what will likely be many such lawsuits by pension funds, New York City Pension Funds filed a shareholder derivative action against Wal-Mart over the bribery and corruption scandal involving Wal-Mart’s Mexican subsidiary, Wal-Mex. This follows the California State Teachers retirement systems’s similar filing in late May. The New York City complaint similarly alleges that Wal-Mart’s […]

Donald Trump on bribery scandals: US “crazy” to enforce FCPA.

On CNBC’s Squawk Box, tycoon, occasional presidential candidate, Reality TV star and bottled water purveyor Donald Trump was asked about Wal-Mart’s allegedly widespread bribery in Mexico. Having obviously thought through the arguments for and against FCPA reform, he provided the following insights: If you want to operate in Mexico, you have to pay bribes. This is […]

69 Questions: EU quizes the G on its new privacy policy.

France’s data privacy authority CNIL (acting under EU mandate) sent Google the following questionnaire in order to clarify a number of concerns on the policy’s implementation, Google’s due diligence vis-a-vis its users and compliance of the policy with EU regulations. The EU’s Article 29 Working Party (grouping Member State data protection authorities) stated that it further […]

NGO on FCPA reform: fines should compensate victims.

The SERAP (Socio-Economic Rights and Accountability Project) has added its voice to the calls for FCPA reform. In a press release, the Nigerian NGO proposes that the US DOJ and SEC allocate a percentage of funds from fines exacted on corporations to aide the actual victims of corrupt government officials and agencies. SERAP argues that since […]

French Competition Authority will cut fines 10% for companies with compliance programs.

More recognition across Europe that a well-built and delivered compliance program is being taken into consideration by regulatory authorities comes from France today as the Competition Authority published notice that it would reduce fines for companies that put into place a competition law compliance program. They note and recommend that an “an efficient program” include […]

$16.8M fine for European device maker in FCPA settlement.

        The US DOJ announced today that Smith & Nephew has admitted to and settled claims related to an offshore kickback scheme with a Greek distributor. Smith & Nephew also settled today with the US SEC, paying $5.4 million in disgorgement of profits, including interest. This is one more in a line of FCPA cases where the […]

P.I.P. Implants: French Health Authorities aware in 1996.

According to French daily Libération, a report delivered this morning to the French Ministry of Labor and Health confirms that P.I.P. implants were tested by independent physicians in 1996 who reported that they found leakage issues. Moreover, the report cites 41 reported P.I.P. implant malfunctions that year (note that these were saline implants since silicone […]

Cinergy FCPA case: It takes ‘guts’ to make this argument.

In the ongoing FCPA case related to Cinergy’s alleged bribery of Haitian officials, their lawyer is planning to bring in Prof. Edgardo Rotman of the University of Miami Law School to make the argument that the DOJ, in enforcing the FCPA, is “denying the realities of the world” and that certain business cultures apparently require bribery […]

EU Telecoms Package Directive and Cookies: Some compliance tips.

The French Commission nationale de l’informatique et des libertés (CNIL) recently published some advice on how to implement the new requirement that web site users consent to the placement of cookies on their devices by sites they visit. According to the Directive, neither a warning in the site’s Terms of Service (ToS) or acceptance through browser […]