One of the more noticeable changes in the UK Bribery Act
Guidance released last month and the Consultative Guidance, released last
September, is found in the Six Principles of an Adequate Procedures compliance
program. The Consultative Guidance listed...
DOJ continues to usher in a "new era" of FCPA enforcement
as Assistant AG Lanny Breuer termed it in a recent speech, obtaining two more
guilty pleas at the end of last week. Once evolved out of the on-going
prosecutions relating to Control...
One of the areas of risk which is traditionally assessed
is that of geography or country risk. The UK Bribery Act Guidance defines
country risk as:
Country risk: this is evidenced by perceived
high levels of corruption, an absence of effectively...
Today is a Royal wedding in England and in honor of the
happy couple and the English House of Windsor we will take a look at the
Foreign Corrupt Practices Act (FCPA) in the context of a merger and acquisition
(M&A) of a British company.
Since the FCPA only applies to foreign officials, the
definition of that term is critical to the application of the statute.
Government enforcement officials have routinely included with the definition
state owned enterprises and employees of those...
As we have noted, the key to any testing, whether in the
form of an audit or assessment, of your Foreign Corrupt Practices Act (FCPA)
compliance program is not to be afraid of the results. If there are components
which need to be enhanced, you will...
There are several recent examples where companies, bought
both businesses and there pre-existing violations of the Foreign Corrupt
Practices Act (FCPA), in large part because the acquiring companies failed to
perform sufficient FCPA due diligence it...
I am privileged to speak across the country on current
Foreign Corrupt Practices Act (FCPA) best practices with Stephen Martin,
General Counsel of Corpedia. The FCPA Tour is sponsored by World-Check. For
those of you who do not know Stephen Martin...
On April 20, 2011 the District Court released its written
decision on the defendant's Motion to Dismiss in the Lindsey Manufacturing
case. The FCPA
Professor reported on the decision last week and discussed the seemingly
unusual request made by...
In an article entitled " Learning
to Work with Green Activists " published in this month's Harvard Business Review , Chairman, President
and Chief Executive Officer (CEO) of Duke Energy, James E. Rogers, writes about
his experiences early...
My colleague Henry Mixon of Mixon Consulting has an
interesting observation regarding internal controls under the UK Bribery Act.
Unlike the Foreign Corrupt Practices Act (FCPA), the Bribery Act does not have
a books and records component written into...
One of the areas which has received considerable
attention in the compliance world over the past six months is that of
assessment. Today, we would like to focus on a smaller facet of assessment
which we considered when reading a recent article in the...
In a provocative law review article entitled " FCPA
Sanctions: Too Big to Debar? " South Texas College of Law student
Nicholas Wagoner and Professor Drury Stevenson, posit the question: "Are
certain private contractors too big to debar...
We often discuss the impact of the Foreign Corrupt
Practices Act (FCPA) on companies in relation to their third parties. Topics
can include due diligence of third parties, contracting terms and conditions,
and management of these relationships. However...
For some time now I have wanted to write about who I read
and why, so in honor of April 15, I thought it might be a good idea to list 15
favorite blog sites. Below is a list of my favorites and as this blog provides
my spin on all things related to...
Spurred on by a very positive report on its enforcement
efforts by the OCED, the Department of Justice has declared that this is a "new
era" of FCPA enforcement. The result is more cases, a continuous stream of
record breaking amounts paid...
Paul McNulty, former United States Deputy Attorney
General has provided perspective that there are three general areas of inquiry
the Department of Justice (DOJ) would assess regarding an enforcement action.
First: "What did you do to stay out...
Current trends in FCPA enforcement are evident in the
latest settlement with Johnson & Johnson. U.S. v. Depuy, Inc. ,
(D.D.C. Filed April 8, 2011); SEC v. Johnson & Johnson , Civil Action
No. 1:11-cv-00686 (D.D.C. Filed April 8, 2011). To resolve...
The compliance world is ever expanding and a
corporation's response to compliance must be ever more sophisticated. Noted
Compliance Expert Howard
Sklar , author of the Open Air Blog, has spoken of "compliance convergence"
or the merging...
Yesterday we reviewed the background facts of the Johnson
& Johnson (J&J) Deferred Prosecution Agreement (DPA) and the issue of
self-reporting. In this posting we will review some of specific compliance
program best practices which Johnson...
(Mealey's) - Johnson & Johnson (J&J) and
subsidiary DePuy International Ltd. will pay $76.9 million to resolve criminal
and civil allegations in the United States and in the United Kingdom that they
paid kickbacks to doctors in Greece,...
Excerpted from Infobytes , a weekly electronic
newsletter on developments in financial services law from BuckleySandler LLP .
For the full issue of Infobytes , click here .
On March 30, the U.K.
Ministry of Justice published long-awaited Guidance...
On April 8, 2011, the Wall Street
Journal (WSJ) reported that Johnson & Johnson settled certain charges
related to violations of the Foreign Corrupt Practices Act (FCPA) with the
Department of Justice (DOJ) and Securities and Exchange Commission...
I had not, at least in recent years, thought I would be
able to say that the Houston Astros have a better record this late in the
season than the Boston Red Sox. But at least as of yesterday, now 1-5 Astros no
longer share the worst record in baseball...
Once upon a time there was a boy who went to
the town square and cried "The Wolf is coming to steal our secrets!" The
townspeople all gathered 'round and asked him how he knew this. "A person named
NoMan told me," he declared...