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Disclosing bribery conduct not an easy decision for US companies

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July 8, 2016

Recent non-prosecution agreements between the US Securities and Exchange Commission and two companies—Akamai Technologies, Inc. and Nortek, Inc.—in matters involving FCPA books and records violations stemming from conduct that occurred in China, coupled with corresponding decisions by the US Department of Justice to close its investigations into these two matters, provide some limited insight into how to secure similar resolutions of future investigations. However, the questions that remain regarding the benefits of voluntary disclosure of an organization’s misconduct leave things clear as mud.

Should a US company faced with evidence of bribery by an employee or other agent self report in this post-Yates Memorandum/post-FCPA Pilot Program era? Read more in this client alert by Dentons white collar partners Stephen L. Hill, Michelle J. Shapiro and Brian O’Bleness.

Click to read complete article.

 

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Disclosing bribery conduct not an easy decision for US companies

Disqualification of directors for hiring illegal workers

Satinder Kumar was the sole director of a cooked-foods wholesaler in Birmingham, UK, from May 16, 2013, to November 21, 2014, at which point the company went into liquidation. The Insolvency Service (working with the Home Office) subsequently investigated Satinder Kumar’s company. It found, on two separate occasions, that during his period of directorship, Satinder Kumar was employing two workers who were not eligible to work in the UK. As a result, Satinder Kumar is disqualified from acting as a director for seven years, until 2023.

This decision follows a similar case in which a director of a fast food takeaway in Manchester employed three illegal workers. In this case, the director is disqualified for six years.

These cases are stark reminders that employers must ensure that their companies comply with their statutory obligations under the Immigration, Asylum and Nationality Act 2006, which makes employers responsible for preventing illegal working in the UK.

To comply with their obligations, employers should check documents (and be able to prove documents have been checked) that verify their workers’ eligibility to work in the UK. This is of particular importance since the government’s announcement that, from April 2017, it will deny employers the national insurance employment allowance for one year if they employ illegal workers and receive a civil penalty as a result.

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Disqualification of directors for hiring illegal workers

Global Mobility Guide

 

Global Mobility Guide

We are so pleased to bring you the Dentons Global Mobility Guide 2015.

The ability to move skilled workers globally is essential to the success of the world economy and the companies that drive it.

“Global mobility” minimizes the risks for doing business internationally by providing the legal framework to identify and analyze business problems, and develop and implement creative solutions. Getting it right means getting people to the right place at the right time with the right advice.

The laws impacting global mobility are dynamic. Multinational employers need to know the existing laws and the evolving legal trends to compete in an international market where business transcends borders. Dentons professionals can provide that.

Our Global Mobility practice helps multinational employers navigate the local laws of the countries where they do business, with lawyers speaking the local language in more than 75 locations around the world, well-versed in all of the intertwined issues: immigration, employment, compensation, employee benefits, taxation and social insurance.

Dentons’ network of offices and qualified staff around the world provides you with experienced legal resources—wherever and whenever you need us.

Read the complete report

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Global Mobility Guide

Critical employment issues facing multi-national employers

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Last week Dentons held its program on employment issues facing multi-national companies. For your convenience, the program can be viewed in it’s entirety by visiting the event page.

Dentons event

If you are interested in receiving additional information on Dentons’ Employment practice and/or have topic suggestions for future seminars, please contact Jennifer Gonzales-Frisbie, Business Development Manager, at jennifer.gonzales‑frisbie@dentons.com.

We hope to see you at our next program.

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Critical employment issues facing multi-national employers

One week away: Critical employment issues facing multi-national employers

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With one week left, click here to register for our CLE program on Critical Employment Issues Facing Multi-National Employers.

December 10, 2014
04:00 PM – 07:00 PM EDT
1221 Avenue of the Americas
50th Floor
New York, NY
United States

Dentons Global Employment and Labor group is pleased to invite you to an interactive program bringing together Dentons lawyers from around the globe to present on several critical employment issues facing multi-national employers. The three-panel program will be followed by networking cocktails where you will have an opportunity to mingle and connect with professionals in the industry.

Panel topics and speakers:

Moderated by Brian Cousin

Privacy Panel (4:30 p.m.–5:30 p.m.):
Andy Roth (US), Barbara Johnston (Canada), Michael Bronstein (UK), Katell Deniel-Allioux (France),Todd Liao (China by video), Neil Capobianco (US)

Global Mobility Panel (5:30 p.m.–6:00 p.m.):
Matt Schulz (US), Michael Bronstein (UK), Todd Liao (China by video)

Restrictive Covenants Panel (6:00 p.m.–7:00 p.m.):
Richard Scharlat (US), Adrian Miedema (Canada), Michael Bronstein (UK), Katell Deniel-Allioux (France), Todd Liao (China by video)

Register Now

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One week away: Critical employment issues facing multi-national employers

US executive action promises important new immigration benefits for some

 

President Obama Speaks On Homeland Security's Announcement About Deportations

US President Obama announced on November 20, 2014 a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the US without fear of deportation.  The United States Citizenship and Immigration Services agency (USCIS) announced that it is not yet accepting any applications for benefits under this program, stating that “[s]ome initiatives will be implemented over the next several months and some will take longer.”

Among the President’s initiatives is a plan to modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs.  This is intended to primarily benefit US businesses, foreign investors, researchers, inventors and skilled foreign workers.

The USCIS states that it will implement this initiative as follows:

  • Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.
  • Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
  • Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.
  • Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the US economy.
  • Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
    • Have been awarded substantial US investor financing; or
    • Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
    • Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status.
    • Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.
    • Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

There is an additional, well publicized initiative to provide temporary legal status to certain individuals who have been in the US unlawfully for a continuous period of more than 5 years, if they are the parent of a US citizen or lawful permanent resident.  More details on all of the initiatives can be found at the USCIS web site.

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US executive action promises important new immigration benefits for some

The Battle Against Corruption Has Gone Global, in a Big Way

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Global corporations and sophisticated international business people have long been aware of the risk of corruption and the potential liability that risk creates under the US Foreign Corrupt Practices Act (FCPA).  This liability is both civil and criminal, corporate and personal, and can result in millions — and in some cases billions– of dollars in fines and penalties, not to mention years of imprisonment in federal penitentiaries for corporate executives.  The ever increasing mobility of corporate employees and executives has increased this risk as they have face-to-face encounters with different cultural and legal expectations of customers, government officials, and colleagues around the world.

For a long time, the US Department of Justice was a lone wolf, actively pursuing corruption around the world committed by US and foreign businesses and business people.   In recent years it was joined by the Securities and Exchange Commission which moved from occasional enforcement of the FCPA to creating a dedicated unit focused on pursuing corruption committed by publicly traded corporations.

But the United States doesn’t want to be alone, and has pushed for international adoption of anti-corruption sanctions through international organizations like the Organization for Economic Cooperation and Development (OECD) and by putting pressure on its allies.  This effort has succeeded in a big way — in recent years, anti-corruption legislation has been adopted or invigorated around the world , not just among close US allies like in the United Kingdom, Canada, and Australia, but also in the so-called BRIC economies of Brazil, Russia, India, and China.

Moreover, the traditional American approach of focusing on public corruption—the payment of bribes to public officials for business advantage—is being supplanted, even in the US, by efforts to pursue all forms of  corruption, whether the bribe is paid to a public official or a private person.  Meanwhile many nations are also pursing corporations for the related misconduct of maintaining inaccurate corporate financial records to hide corporate bribery.  In short, the fight against corruption has been taken up by many nations, using many tools, and fighting many forms of bribery.

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But corporations and those involved in international business should not despair.  Despite the complexity of the various schemes around the world, the focus on different prosecutorial tools, and enforcement priorities, it is not difficult to build a single, simple, straight-forward global policy to prevent, deter, and detect corruption that not only recognizes the practical reality of international business, but can actually increase opportunity and profitability.

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For more on global anti-corruption laws click here.  To see the Dentons Global Anti-Corruption Team click here.

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The Battle Against Corruption Has Gone Global, in a Big Way