Overlawyered » Mexico

More re: FCPA, Wal-Mart and Mexico

Walter Olson — Fri, 27 Apr 2012 04:10:52 +0000

Notwithstanding the tone of much coverage, companies are not legally required to disclose past FCPA violations to the government when they emerge: “It’s my understanding from in-house counsel that those who [voluntarily] disclose are in the distinct minority,” says one observer. Also, Prof. Koehler notes that even if Wal-Mart successfully defends the Mexican outlays as lawful “facilitating payments,” the company could still be accused of violating FCPA’s “books and records” and internal control provisions as well as Sarbanes-Oxley. [Sue Reisinger, Corporate Counsel]
Coyote recalls the eyes-averted maneuvers with which his former employer put itself in a posture of formal FCPA compliance when operating in corrupt countries;
Must-read Scott Greenfield post: “The Foreign Corrupt Practices Act is the corporate version of blue laws, a reflection of American idealism born of our Puritanical origins, our Pollyanna-ish denial of how the sausage of business is made, our jingoistic belief that we are so integral to the economic functioning of the world that we can dictate a cultural and moral code for everyone, and they can either comply with our great American will or suck eggs. It’s a fantasy of self-righteousness, and even Wal-Mart got caught in the reality that the business of business is business, and not puffy-chested Americans can bully Mexicans into succumbing to our moralistic ways.” Also suggests what Wal-Mart might say in response (at least if Wal-Mart were a character in an Ayn Rand novel) and notes “efforts to take this mutt of a law and attempt to reform it, at least to the extent that it not make American multinational corporations chose between being criminals or uncompetitive.”
Speaking of which, some reforms sought by business: “Bringing Transparency to the Foreign Corrupt Practices Act” [Michael Mukasey and James Dunlop, Federalist Society "Engage"]
Jeffrey Miron: prosecute Wal-Mart but repeal FCPA [CNN/Cato]
While agreeing that the FCPA we have at present is pretty bad, Prof. Bainbridge thinks a case can be made for such a law in principle;
Something to get Capitol Hill Democrats on board for reform? FCPA might menace Hollywood on China dealings [WSJ "Corruption Currents"]

Earlier here, here, here, and (at Cato) here.

Tags: China, Foreign Corrupt Practices Act, Mexico, Wal-Mart

More re: FCPA, Wal-Mart and Mexico is a post from Overlawyered - Chronicling the high cost of our legal system

September 19 roundup

Walter Olson — Mon, 19 Sep 2011 05:34:48 +0000

Educator: please don’t bring lawyers to parent-teacher meetings [Ron Clark, CNN] Steve Brill: what I found when I investigated NYC teacher “rubber rooms” [Reuters] “The Six Dumbest Things Schools Are Doing in the Name of Safety” [Cracked] School waterfall liability [Lincoln, Neb. Journal-Star]
As predicted: “Dodd-Frank Paperwork a Bonanza for Consultants and Lawyers” [NYT]
“Running out of common drugs” [Josh Bloom, NY Post] Pharmaceutical shortages: the role of Medicare price controls [Richard Epstein, Hoover; earlier here, here, etc.]
DoT insists on exposing private flight plans online. Yoo-hoo, privacy advocates? [Steve Chapman]
New class action law in Mexico includes loser-pays provision [WSJ]
Newt Gingrich candidacy revives memories of his 1995 call for death penalty (with “mass executions”) for drug smuggling [NYT archive via Josh Barro; see also @timothy_watson "Sounds kinda like Shariah Law to me.")
"Cy pres slush fund in Georgia under ethics investigation" [PoL]

Tags: aviation, class actions, cy pres, Georgia, illegal drugs, loser pays, Mexico, pharmaceuticals, schools, teacher tenure

September 19 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Man shot on Mexico fishing trip sues tour operator

Walter Olson — Fri, 25 Feb 2011 05:05:20 +0000

An Oregon man robbed and shot during a fishing vacation to the state of Sinaloa, Mexico says the tour operator should have warned of the endemic risk of violence [OnPoint News]

Tags: Mexico, recreation, third party liability for crime

Man shot on Mexico fishing trip sues tour operator is a post from Overlawyered - Chronicling the high cost of our legal system

January 5 roundup

Walter Olson — Wed, 05 Jan 2011 12:04:34 +0000

Notables including Alan Morrison, Richard Epstein, Kathleen Sullivan sign amicus brief urging court review of multistate tobacco settlement [Daniel Fisher/Forbes, Christine Hall/CEI, Todd Zywicki]
“Congress rediscovers the Constitution” [Roger Pilon, WSJ]
Chief Justice John Roberts Jr. profiled [Roger Parloff, Fortune]
When outside investors stake divorce litigants: yes, there are legal ethics angles [Christine Hurt]
Mexico, long noted for strict gun control laws, has only one legal gun store [WaPo]
Judge throws out “parasitic” lawsuit piggybacking on Wisconsin drug-pricing settlement [Madison.com]
Erin Brockovich sequel: Talking back to the Environmental Working Group on dangers of chromium-6 in drinking water [Oliver, Logomasini/CEI]
“Little white lies” to protect the bar’s image [five years ago on Overlawyered]

Tags: constitutional law, divorce, Erin Brockovich, guns, John Roberts, litigation finance, Mexico, pharmaceuticals, tobacco settlement

January 5 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Swine farms and fishing expeditions

Walter Olson — Wed, 20 May 2009 14:37:44 +0000

Texas lawyers are seeking discovery against hog-raising giant Smithfield Foods to determine whether a swine operation it partly owns in Mexico might have contributed to the death of a Harlingen woman in the H1N1 flu outbreak. “Mexican health officials have found no connection between the swine flu virus and the pig farm. Nevertheless, residents there have long blamed the farming operation for a variety of illnesses, UPI reported.” The lawsuit might seek $1 billion. [Brownsville Herald, May 12]

Tags: agriculture and farming, communicable disease, Mexico, South Texas

Swine farms and fishing expeditions is a post from Overlawyered - Chronicling the high cost of our legal system

November 18 roundup

Walter Olson — Tue, 18 Nov 2008 16:15:18 +0000

Harvard’s Charles Nesson argues that Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 violates Constitution by letting civil lawyers for RIAA enforce a criminal law [AP/MSNBC, Elefant]
In some circles, bitter disappointment at reports that Obama camp probably won’t pursue Bush predecessors as war criminals [Paul Campos, Horton/Harper's; earlier]
Latest on wrangle over “exorbitant” fee: Alice Lawrence’s deposition-skipping before her death could endanger her estate’s claim against Graubard Miller law firm [NYLJ, earlier]
One benefit of role as law school mega-donor, as Mark Lanier is with Texas Tech, is that you get to rub (hunting-jacket) elbows with visiting Supreme Court justices [WSJ law blog]
Lou Dobbs and Phyllis Schlafly were among those who pushed bizarre theory of secret conspiracy to merge U.S. into “North American Union” with Canada and Mexico [John Hawkins]
Senate Dems plan to abolish secret ballot for installing unions in everyone else’s workplace, so how come they insist on one for themselves in deciding how to handle Joe Lieberman? [Dan Riehl via McArdle]
Congrats to historian Rick Brookhiser and City Journal editor Myron Magnet, among recipients of 2008 National Humanities Medal [White House release, Brian Anderson, NRO]
Jarek Molski, California entrepreneur of disabled-access complaints, loses bid for Supreme Court review of his designation as vexatious litigant [AP, Bashman]

Tags: Canada, card check, contingent fee, Harry Reid, international human rights, Jarek Molski, law schools, Mark Lanier, Mexico, RIAA and file sharing

November 18 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

WWII-era Mexican braceros settlement

Walter Olson — Mon, 10 Nov 2008 00:19:26 +0000

The government of Mexico has agreed to pay about $14.5 million to settle claims on behalf of its citizens who came north as guest workers between 1942 and 1946. Ten percent of the workers’ pay was deducted and sent back to the Mexican government, which was supposed to apply much of it to their benefit, but (according to advocates) substantial sums were never claimed or paid out. Many years later the Mexican government opened a compensation program for the elderly braceros and their survivors, but some of those resident in the U.S. found it too hard to use and a Chicago class-action lawyer sued.

The lawsuit was dismissed twice, as courts considered whether too much time had passed and whether a lawsuit against the Mexican government could have standing in the United States. The American government and Wells Fargo Bank, initially named as defendants, were dismissed from the case.

(Pam Belluck, “Settlement Will Allow Thousands of Mexican Laborers in U.S. to Collect Back Pay”, New York Times, Oct. 15; “Mexican ministry OK with braceros deal”, AP/BakersfieldNow, Oct. 17).

Tags: Mexico, reparations

WWII-era Mexican braceros settlement is a post from Overlawyered - Chronicling the high cost of our legal system