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Another FCPA Opinion Procedure Release on Corporate Hospitality

The Department of Justice released the latest Opinion Procedure Release on the Foreign Corrupt Practices Act. The releases are great tool to help you figure out if a proposed corporate action could lead to an enforcement action. Anyone with an interest in the FCPA looks to the existing body of opinion...

Opinion Release 11-01: Lessons Learned on the Opinion Release Procedure

As most of the readers of this blog will recall, I recently discussed the substance of Opinion Release 11-01 and had some additional comments regarding the relative ease by which a lawyer or compliance office should have been able to research the question posed. I also opined that the issue posed...

Running the Big Con in DC: Lessons for the FCPA Compliance Practitioner

Most people have seen the movie " The Sting ", starring Robert Redford and Paul Newman, which tells the story of an older con man, Newman, who shows a younger man, Redford, how to run 'the big con' on a gangster played by Robert Shaw. It was fiction. However, on the front page of the...

Factors for a NPA for an Individual in a SEC Enforcement Action

I have previously written about what conduct can help your company if it is under an investigation by the Department of Justice (DOJ) for Foreign Corrupt Practices Act (FCPA) violations. The key seems to be "extra-ordinary cooperation." Today we will take a look at a recent Securities and Exchange...

Ethical Leadership: Leading a Company Conversation on Compliance

Ethical leadership is absolutely mandatory to have a successful compliance program, whether it is based upon the US Foreign Corrupt Practices Act (FCPA) or the UK Bribery Act. Senior management must not only be committed to doing business in compliance with these laws but they must communicate these...

The DOJ Listens: the Evolution of FCPA Compliance in M&A

Earlier this week the US Department of Justice (DOJ) released a Deferred Prosecution Agreement (DPA) with the company Data Systems & Solutions (DS&S). I explored the factual allegations against DS&S and the highlights of the DPA in yesterday's post. Today I want to discuss the DS&S...

How Casanova Informs Your FCPA Compliance Program

One cannot use 'sex' in the title of a blog or company email filters will pick it up as spam. So while our title today focuses on Casanova and lust, this post will focus on sex. Yesterday, an article in the Sunday New York Times (NYT) entitled " Strauss-Kahn Say Sex Parties Went Too Far...

Stop Drinking The Kool-Aid

This article was reprinted with permission from FCPA Professor . Since April the Department of Justice has been running a Kool-Aid stand and many people have been drinking the Kool-Aid. The Kool-Aid being served up and consumed is Morgan Stanley's so-called declination. As noted in this...

An Equally Valid DOJ Press Release

This article was reprinted with permission from FCPA Professor Last week the DOJ announced in this release the departure of Assistant Attorney General Lanny Breuer. Breuer's position was obviously not FCPA specific, but he took a great interest in the DOJ's Foreign Corrupt Practices Act...

Lanny Breuer and Foreign Corrupt Practices Act Enforcement

This article was reprinted with permission from FCPA Professor Lanny Breuer stepped down as Assistant Attorney General of the Justice Department's Criminal Division on March 1st after nearly four years on the job. Word of Breuer's departure began circulating soon after the airing of a...

Department of Justice seal

DOJ department of justice seal

DOJ’s Empty Rhetoric on Individual FCPA Prosecutions Continues

This article was reprinted with permission from FCPA Professor This previous post highlighted the empty rhetoric of a former DOJ Criminal Division Chief regarding individual FCPA prosecutions. A change in leadership at the DOJ Criminal Division has not brought about a change in the rhetoric. ...

In the Words of Loretta Lynch

This article was reprinted with permission from FCPA Professor President Obama nominated Loretta Lynch (U.S. Attorney, Eastern District of New York) to be the next Attorney General. This post highlights Lynch’s responses to various Foreign Corrupt Practices Act or FCPA related questions originally...

DOJ Gets It Right in Recent FCPA Opinion Procedure Release

This article was reprinted with permission from FCPA Professor In this November 2010 post regarding the FCPA guidance, I flagged the below statement as one of the ten most meaningful statements in the Guidance. “Successor liability does not […] create liability where none existed before...

A Focus on DOJ FCPA Individual Prosecutions

This article was reprinted with permission from FCPA Professor This post highlights certain facts and figures concerning the DOJ’s prosecution of individuals for FCPA offenses in 2014 and historically. As highlighted in recent posts here , here , and here , the DOJ frequently talks about...

Challenging Consequences: The Government’s Requirement for Wrongdoing Admissions in Civil Fraud Suits

In one of the more troublesome recent developments for corporate officials who find themselves targeted by government investigations, both the U.S. Department of Justice and the Southern District of New York U.S. Attorney’s Office have made it clear that as part of the settlement of civil fraud...

FIFA, the DOJ and the Global Fight Against Corruption

The Department of Justice (DOJ) gave the global fight against anti-corruption a huge boost last week when it announced it was bringing charges against 14 members or persons associated with Fédération Internationale de Football Association (FIFA). To say that the scope and breadth of the...