In an Order of Settlement released February 6, 2015, the SEC agreed to stay the administrative action against the Chinese affiliates of the “Big Four” accounting firms for refusing to turn over their audit work papers relating to several U.S.-listed Chinese companies. As we wrote earlier here, the Chinese affiliates of the audit firms had … Continue Reading
On July 9, within just a few hours of the polls closing in the tightly contested presidential election in the world’s third-largest democracy – the Republic of Indonesia – the only two contestants running had claimed victory. Nearly 200 million people in the world’s fourth-largest country had turned out to vote for either the current … Continue Reading
The Securities and Exchange Commission recently indicated that it would review, de novo, the January 2014 decision barring the Chinese affiliates of the “Big Four” accounting firms from appearing before the SEC. The Commission’s Order, found here, also granted both parties’ motions to submit additional evidence for consideration – most significantly, the auditors’ evidence that … Continue Reading
In the first blow to land in the long running dispute between U.S. regulators and the accounting firms that certify the financial statements of China-based companies listed on U.S. exchanges, yesterday an Administrative Law Judge at the Securities and Exchange Commission (“SEC”) issued a decision barring the Chinese affiliates of the “Big Four” accounting … Continue Reading
New enforcement actions and media allegations have been brought in China’s ongoing regulatory crackdown on the life sciences industry. Reed Smith continues to monitor these developments and has prepared this update on the pharmaceutical and device sectors. For a detailed summary regarding recent developments, click here. … Continue Reading
This post was also written by Crystal Xu. China has been undergoing a significant regulatory crackdown on its life sciences industry over the past several months, primarily in the pharmaceutical and infant formula sectors. The focus of these enforcement actions may now have spread to the medical device sector. On August 15, 2013, the local … Continue Reading
The Securities and Exchange Commission’s (“SEC”) power to obtain documents from U.S. companies and their auditors is a key component of its mandate to protect the marketplace from fraud. But what happens when the exercise of that power conflicts with the civil and criminal laws of another country? In the case of the SEC seeking … Continue Reading
This post was also written by Christine Liu and Gordon Schatz. China’s Ministry of Health, along with five other government agencies, issued Trial Regulations on Centralized Procurement of High-Value Consumable Medical Supplies on December 17, 2012. These regulations went into effect immediately upon issuance and contain procedures for the centralized purchasing of a wide range … Continue Reading
This post was also written by Terence Healy. Yesterday, the SEC instituted administrative proceedings against the Chinese affiliates of the “Big Four” accounting firms and BDO related to audits they conducted at nine Chinese companies. At issue is the accounting firms’ “willful refusal” to provide audit work papers and other materials the Commission seeks in its … Continue Reading
Yesterday, November 15, the SEC issued its 2012 whistleblower report. A total of 115 (3.8%) tips were FCPA related. Additionally, 324 tips (10.8% of total) originated from overseas. The top overseas sources of tips were the UK (74, 23%), Canada (46, 14%), India (33, 10%), China (27, 8%), and Australia (21, 6%). No other single … Continue Reading
This post was also written by Francisca M. Mok. On November 14, the Securities and Exchange Commission and Department of Justice released their long-awaited guidance titled, A Resource Guide to the U.S. Foreign Corrupt Practices Act. According to the government’s press release, the 120-page guide “provides a detailed analysis of the U.S. Foreign Corrupt Practices … Continue Reading