A Review of Key Cases Against Executives in Q3
Law360
In this article, Lauren Briggerman, Dawn Murphy-Johnson,* and Kirby Behre review the most noteworthy cases and government investigations affecting corporate executives in the third quarter of 2016. Major areas of focus included extradition and extraterritoriality, criminal actions against executives, sentencing of executives, director and officer issues, civil litigation, and several Fourth Amendment cases. In overall trends, "International cartel prosecutions continue to lose steam, as the third quarter of 2016 closed without a single indictment against a corporate executive on substantive antitrust charges,” the authors said. Meanwhile, in an ongoing battle over the scope of the SEC's jurisdictional reach in FCPA matters, the Southern District of New York recently gave the Commission a green light to proceed in a civil action against a group of foreign executives because they had submitted falsified electronic securities filings to the SEC. The court's decision "appears to be at the outer edge of personal jurisdiction analysis, and it may be subject to intense appellate review, should the case reach the Second Circuit."
*Former Miller & Chevalier attorney