Matthew Axelrod, the Assistant Secretary for Export Enforcement at the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”), told a conference held by the Society for International Affairs on May 16, 2022, that his agency is considering major policy changes to its administrative enforcement authorities. Axelrod said the policy changes, expected to be rolled out in the next few months, are intended to incentivize export compliance by corporations under the Export Administration Regulations (“EAR”).
Foreign Corrupt Practices Act (FCPA)
U.S. Litigation Risks for UK
Aaron Mann, a TMT commercial litigation partner, recently gave a presentation in London regarding the differences between litigating commercial disputes in the U.S. versus the UK. The presentation was done in conjunction with Pinsent Masons, a global law firm with which Husch Blackwell has worked closely for a number of years. Aaron joined Pinsent Masons partners Richard Twomey (commercial litigation) and Barry Vitou (corporate criminal defense) in the presentation for Pinsent Masons’ clients.
Discovery versus disclosure, the American Rule versus the English Rule, compensatory versus punitive damages, the two systems of litigation are similar at times and worlds apart at others. This seminar gave the largely-British audience a glimpse of how commercial disputes are prosecuted in the U.S. and what that might mean for a foreign defendant who finds itself in a U.S. courtroom.
Did You Just Eat a Problem?
The Foreign Corrupt Practices Act (“FCPA”) became law in 1977, but not until the last decade have the Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) aggressively enforced its provisions.