Juice Maker Backs Off TRO Request, Word of FTC Probe Comes Out – Law Blog – WSJ

Juice maker POM Wonderful on Friday afternoon withdrew its request for a restraining order against the National Law Journal, freeing the publication to disseminate word that POM is under investigation by the Federal Trade Commission.

The backstory on the goes like this: Earlier this month, in the course of looking into a fee dispute between POM Wonderful and the law firm Hogan Lovells, a National Law Journal reporter found out about the FTC investigation.

But on July 22, POM Wonderful objected, filing a request with the D.C. Superior Court to restrain the NLJ and its parent, ALM Media, from writing up the details of the investigation and naming the agency doing the investigating.

The next day, just before the NLJ went to press, D.C. Superior Court Judge Judith Bartnoff agreed with POM Wonderful and its lawyers at Coburn & Coffman that the information should have been placed under seal. The fact that it wasn’t owed, she said, to an administrative gaffe. She issued a temporary restraining order allowing the paper to publish the fact POM Wonderful is a target of a regulatory inquiry, but banned the paper from naming the agency.

“If I am throwing 80 years of First Amendment jurisprudence on its head, so be it,” Bartnoff said at the hearing, according to this post at the BLT Blog. “None of that First Amendment jurisprudence, to my knowledge, is dealing with this issue—the integrity of the functioning of the court system.”

Earlier today, lawyers at Williams & Connolly filed an amicus brief on behalf of a number of publications not involved in the suit, including Dow Jones, the publisher of the Wall Street Journal, arguing that Judge Bartnoff had erred.

via Juice Maker Backs Off TRO Request, Word of FTC Probe Comes Out – Law Blog – WSJ.

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Technip Resolves FCPA Probe, Agrees to Pay $240 Million Fine

Bribing government officials with cash-stuffed briefcases may seem like something out a movie script these days. But general counsel should take note: it can happen. And joint ventures can be particularly risky.

Paris-based Technip SA, a service company for the oil and gas industry, is paying $338 million in civil and criminal penalties to settle claims that it worked with KBR Inc., a former Halliburton Co. subsidiary, to bribe Nigerian officials and win $6 billion in contracts. Technip CEO Thierry Pilenko said in a statement: “The final agreement with the U.S. authorities … puts this legacy story behind us and enables us to focus on continuing to develop Technip’s business.”

via Technip Resolves FCPA Probe, Agrees to Pay $240 Million Fine.

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U.S. Government’s FCPA Probe of Weatherford Expands

The federal government’s probe into Weatherford International Ltd’s dealings in foreign countries has burgeoned far beyond a simple bribe inquiry by the Securities and Exchange Commission. It is now a multi-agency civil and criminal investigation into allegations that Weatherford did business with terrorist-friendly countries that are under U.S. trade sanctions.

Weatherford is one of the world’s largest oilfield service companies, operating in over 100 countries.

In an unusual twist to the tale last year, Weatherford general counsel Burt Martin left his job in mid-probe, and the company decided to move its headquarters from Houston to Geneva, Switzerland. It still has U.S. operations in Houston.

The company conceded in its 10-Q financial report to the SEC on May 3 that the federal inquiry that began in 2006 has now grown to include the Department of Justice, the Department of Commerce’s Bureau of Industry & Security, and the U.S. Treasury’s Office of Foreign Assets Control. The latter two agencies handle matters of national security.

The report said the feds are looking at allegations on three fronts. They include Weatherford’s participation in the scandal-plagued Oil-for-Food program, the possible misuse of $175,000 at a European subsidiary for alleged bribes in violation of the Foreign Corrupt Practices Act, and the sales of services and products “in certain sanctioned countries.”

It specifically cited Cuba, Iran, Sudan, and Syria — four countries under U.S. sanctions due to their support of terrorism and/or violations of human rights.

The company said it is cooperating with the multi-faceted probe. The report said it has incurred $53 million in costs related to its exit from sanctioned countries and incurred $108 million for legal and professional fees in connection with the ongoing investigations.

via U.S. Government’s FCPA Probe of Weatherford Expands.

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Czech Privacy Data Watchdog Probes Google Street View Acts – WSJ.com

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The Czech Office for Personal Data Protection, or UOOU, has launched a probe of an alleged breach of privacy protection regulations in the Czech Republic by Google Inc (GOOG), an UOOU spokeswoman said Thursday.

“We initiated the administrative action Apr. 21 by sending Google a formal notice and the procedure began three days ago when Google received the letter in the U.S.,” Hana Stepankova told Dow Jones Newswires.

UOOU is investigating Google for failing to notify Czech authorities with its intentions to collect personal data used for the U.S. company’s ‘Street View‘ photo imaging service for the Google Maps program.

Google officials didn't immediately return phone calls by Dow Jones Newswires requesting comments on the UOOU probe.

via Czech Privacy Data Watchdog Probes Google Street View Acts – WSJ.com.

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Criminal Probe Looks Into Goldman Trading – WSJ.com

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Federal prosecutors are conducting a criminal investigation into whether Goldman Sachs Group Inc. or its employees committed securities fraud in connection with its mortgage trading, people familiar with the probe say.

The investigation from the Manhattan U.S. Attorney’s Office, which is at a preliminary stage, stemmed from a referral from the Securities and Exchange Commission, these people say. The SEC recently filed civil securities-fraud charges against the big Wall Street firm and a trader in its mortgage group. Goldman and the trader say they have done nothing wrong and are fighting the civil charges.

Lloyd Blankfein, CEO of Goldman Sachs, during testimony before the Senate Homeland Security and Governmental Affairs Investigations Subcommittee hearing on Tuesday.

Prosecutors haven't determined whether they will bring charges in the case, say the people familiar with the matter. Many criminal investigations are launched that never result in any charges.

The criminal probe raises the stakes for Goldman, Wall Street’s most powerful firm. The investigation is centered on different evidence than the SEC’s civil case, the people say. It couldn’t be determined which Goldman deals are being scrutinized in the criminal investigation.

via Criminal Probe Looks Into Goldman Trading – WSJ.com.

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GE, Sony, Nvidia said to be part of Justice Dept. probe – The China Post

The U.S. Justice Department has questioned General Electric Co., Sony Corp. and Nvidia Corp. as part of a probe into the technology industry’s recruiting and hiring practices, according to a person familiar with the matter.

Authorities are examining whether companies secretly agreed to not recruit or hire each other’s employees, an antitrust violation that could deprive workers of higher salaries, said the person, who requested anonymity.

The disclosure that officials at the three companies have been questioned indicates a wider investigation than was previously known publicly. The Wall Street Journal has reported that the investigation also involves Intel Corp., International Business Machines Corp., Google Inc., Apple Inc. and IAC/InteractiveCorp.

Collusion of this sort “would hurt the workers” and give consumers “fewer choices,” said Robert Lande, a law professor at the University of Baltimore. Besides depressing wages, such an agreement may stifle innovation, he said.

The Justice Department hasn’t determined whether any company violated the law, said the person familiar with the matter. Investigators are still following up on leads from their discussions with the firms and examining several time periods, the person said.

via GE, Sony, Nvidia said to be part of Justice Dept. probe – The China Post.

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Next Stop on FCPA Train: China? – WSJ

There seemingly is no limit to where the Foreign Corrupt Practices Act — the U.S. law that bars companies from bribing foreign officials — can take us.

On Tuesday we turned to China, where Avon Products, the beauty products company based in New York, is investigating its operations. Here’s the WSJ story and LB posts on FCPA matters.

The company has suspended three top executives in its China unit amid an internal investigation into alleged bribery that began in China and, according to story, now involves a dozen or more countries. A fourth suspended employee was a senior executive in New York who was Avon’s head of internal audit until the middle of last year, WSJ reported.

Avon’s China unit wouldn’t make the executives available to comment or discuss their alleged activities. The New York executive couldn’t be reached for comment.

The possible wrongdoing under investigation includes the alleged purchase of trips to France, New York, Canada and Hawaii for Chinese government officials with ties to Avon’s business, according to WSJ.

via Next Stop on FCPA Train: China? – Law Blog – WSJ.

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U.S. Steps Up Probe of Tech Hiring – WSJ.com

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The Justice Department is stepping up its investigation into hiring practices at some of America’s biggest companies, including Google Inc., Intel Corp., International Business Machines Corp., Apple Inc. and IAC/InterActiveCorp., people familiar with the matter said.

The inquiry is focused on whether companies, particularly in the technology sector, have agreed not to recruit each others’ employees in ways that violate antitrust law. Specifically, the probe is looking into whether the companies’ hiring practices are costing skilled computer engineers and other workers opportunities to change jobs for higher pay or better benefits.

After a probe that began more than a year ago, Justice Department investigators have concluded that such agreements do raise significant competitive concerns, according to the people familiar with the matter.

But the leadership of the antitrust division hasn’t yet decided whether—or how—to challenge the hiring practices, these people said. About a dozen companies are meeting with top antitrust officials at the Justice Department this week and next, some to defend their practices, others to provide information.

Antitrust experts say the Justice Department could argue that an agreement between competitors that holds down labor costs is as much a violation of antitrust laws as an agreement to fix prices.

Such agreements are “very close to the line,” said Melissa Maxman, an antitrust lawyer at the law firm Cozen O’Connor. “They’re not agreeing on price, but they’re kind of agreeing on costs.” Skilled computer scientists with some management responsibilities, for instance, often make base salaries of $180,000 to $210,000. Compensation for the most sought-after workers typically soars far above that and includes bundles of stock options and bonuses.

via U.S. Steps Up Probe of Tech Hiring – WSJ.com.

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Blavatnik Creation LyondellBasell May Face Kazakh Payment Probe – BusinessWeek

LyondellBasell, the bankrupt chemical company created by billionaire Len Blavatnik, may face a U.S. bribery probe after telling prosecutors about a potentially improper payment linked to a project in Kazakhstan, according to four people with knowledge of the matter.

LyondellBasell, which sought protection from creditors last year, told the Justice Department it uncovered conduct that raised “compliance issues” under the U.S. Foreign Corrupt Practices Act, according to a March 30 court filing in Manhattan. The FCPA makes it a crime for companies with U.S. operations to bribe foreign officials. A review of international holdings by a management team installed after the bankruptcy triggered the disclosure, said David Harpole, the company’s Houston-based spokesman.

“This is an active investigation,” Harpole said in an interview. “It’s not appropriate for me to comment on any details of that particular investigation. We are cooperating fully with the Department of Justice, and we are conducting our own internal investigation.”

Subsidiaries of LyondellBasell, based in Rotterdam, won court approval on March 11 for a disclosure statement, or rough outline of a reorganization plan. The company has said it plans to exit bankruptcy around April 30. While the probe would be unlikely to affect LyondellBasell’s emergence from bankruptcy, any FCPA investigation could result in fines and indictments, according to Evan Flaschen, chairman of the restructuring group at the Bracewell & Giuliani LLP law firm in New York. Flaschen isn’t involved in the case.

via Blavatnik Creation LyondellBasell May Face Kazakh Payment Probe – BusinessWeek.

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NASA to investigate cause of Toyota problems – washingtonpost.com

The federal probe into runaway Toyotas has resulted in enough scientific mystery that investigators have asked NASA scientists for help.

The nation’s auto-safety regulators have tapped nine experts from the space agency to answer questions involving software, hardware and other electronics issues, the Department of Transportation is expected to announce Tuesday, according to sources briefed on the plan who asked not to be identified because it is not yet public.

A separate panel from the National Academy of Sciences will be convened to work on a broad 15-month review of vehicle electronics and incidents of unintended acceleration across the industry. That probe will cover the potential for problems in electronic controls, human error and mechanical failure.

Despite four congressional hearings on the sometimes fatal crashes, experts continue to disagree whether defects in engine electronics have caused some of the incidents of runaway Toyotas. The increasing complexity of engines, which run on multiple microprocessors and lots of software, has complicated the discussion.

via NASA to investigate cause of Toyota problems – washingtonpost.com.

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