National Futures Association (NFA)

A popular two-tier merger and acquisition structure may trigger certain prohibitions under the Securities Exchange Act of 1934.  In particular, this problem relates to the so-called “Burger King” structure, arising from the private equity

Continue Reading “Burger King” May Not Allow You to Have it Your Way. . . Is the Two-Tier M&A Deal Ending?

Despite recent changes to the SEC’s no admit/no deny settlement policy, FCPA defense attorneys still have options. 

As many know, the SEC will no longer allow settling defendants either to admit nor

Continue Reading Defense Bar Strategies May Help Tackle SEC “No Admit” Policy in Parallel FCPA Cases

Companies that acquire or invest in offshore entities or in entities that conduct business overseas may inherit FCPA risks.

Clearly, the DOJ and the SEC are viewing these transactions and the

Continue Reading Acquiring Companies of Foreign Interests Risk FCPA Liability