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Interesting Times: A 2011 Year-End FCPA Update

As a result of developments during 2011, there is a "growing sense of urgency amongst FCPA practitioners as to the direction the statute will take in the coming years," according to a law firm's year-end FCPA report. The January 3, 2011 memo from the Gibson Dunn law firm, entitled "2011...

JP Morgan and Risk: Mission Creep, Mission Expansion, Mission Explosion

In an article in today's Financial Times (FT), entitled " JP Morgan shows the futility of fighting complexity ", Sallie Frawcheck posited that the JP Morgan trading loss demonstrated that regulators are fighting the wrong battle regarding risk. She believes that the main reason for the...

Penn State, the Freeh Report and Implications for the FCPA Compliance Practitioner

The Freeh Report was released last week. It detailed a series of actions and inactions taken by officials at Penn State University (Penn State) which allowed Jerry Sandusky to continue his abuse of young boys from at least 1998 up until the time he was arrested. This incident is the worst scandal involving...

Frankenstein, Lance Armstrong and FCPA/Bribery Act Compliance

We continue our series focusing on the classic Hollywood monsters from the Universal Pictures era by taking a look at Frankenstein. Unlike Dracula, where Bela Lugosi basically only played his character in one classic picture, the Englishman Boris Karloff played Frankenstein's monster in three pictures;...

Brother Can You Swop a Car? FCPA and Bribery Act Implications in the Barter Economy

While the economy has improved from the depths of the Bush Recession of 2008, things are not back where most businesses and governments would like them to be. One of the more interesting responses to the continuing economic doldrums that I have read about is the age old art of bartering. According to...