Johnson & Johnson Deferred Prosecution Agreement-Part I: Self-Disclosure Reduces Fine

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 (SEC). The settlement was in the mechanism of a...

FCPA Compliance Fatigue?

This article was reprinted with permission from FCPA Professor Has this new era of FCPA enforcement resulted in compliance fatigue and its unintended negative consequence of numbing individuals to the FCPA? It has been noted : Rules and controls and training programs are essential in any organization...

Without Individual FCPA Defendants, There Would Be No FCPA Case Law

This article was reprinted with permission from FCPA Professor Lest there be any confusion, I start this post with the basics. The Foreign Corrupt Practices Act is a criminal statute. Those that violate the FCPA ought to be charged. Those who are found guilty of FCPA violations are not worthy of...

And The Apple Goes To …

This article was reprinted with permission from FCPA Professor This month’s FCPA Professor Apple Award goes to … Andrew Ross Sorkin. Writing in his column at the New York Times DealBook in the aftermath of JPMorgan’s FCPA scrutiny for allegedly hiring family members of alleged...

Friday FCPA Roundup for Week Ending August 8

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, an FCPA fumble, checking in with the SFO, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts and Updates Cobalt International Energy Cobalt has been under FCPA scrutiny...

Friday FCPA Roundup for Week Ending August 22

This article was reprinted with permission from FCPA Professor The FCPA in the hallways, Super Bowl bribery, no FCPA charges, quotable, survey says, FCPA reform advocate nominated to the federal bench, interesting homework assignment, scrutiny alert, and for the reading stack. It’s all here...

Friday FCPA Roundup for Week Ending Sept. 5

This article was reprinted with permission from FCPA Professor Knox to FCPA Inc., DOJ response brief filed, SFO speeches, and asset recovery. It’s all here in the Friday roundup. Knox to FCPA Inc. As highlighted in this prior post, over the summer Jeffrey Knox (DOJ Fraud Section Chief...

Friday FCPA Roundup for Week Ending Sept. 12

This article was reprinted with permission from FCPA Professor The problem with NPAs and DPAs, how does your product go to market in China, media coverage in China, victory, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup. The Problem With NPAs...

The Origins of the FCPA: Lessons for Effective Compliance and Enforcement — Part Three

This is the third part of an occasional series. The first part is available here , while the second is here . The entire paper will be published by Securities Regulation Law Journal early next year. . The foreign payments cases held the organization and the individuals involved accountable while improving...

Friday FCPA Roundup for Week Ending Sept. 19

This article was reprinted with permission from FCPA Professor GSK announces verdict in China, the silly season, interesting read, Alibaba, and get it right! It’s all here in the Friday roundup. GSK Verdict in China Earlier today, GlaxoSmithKline announced : “[T]he Changsha Intermediate...

Friday FCPA Roundup for Week Ending Sept. 26

This article was reprinted with permission from FCPA Professor An invite, ripples, the odd dynamic, and scrutiny alerts and updates. It’s all here in the Friday roundup. You Are Invited King & Spalding is pleased to host Professor Mike Koehler for an informal lunch discussion...

The Origins of the FCPA: Lessons For Effective Compliance and Enforcement — Conclusion

This is the final part of an occasional series. The first is available here , the second here , the third here , the fourth here and the fifth here . The entire paper will be published by Securities Regulation Law Journal early next year. Conclusion: The FCPA Today The FCPA was unique in the world...

Friday FCPA Roundup for Week Ending Oct. 10

This article was reprinted with permission from FCPA Professor A tribute, resource alert, bureaucratic brazenness , scrutiny alerts and updates, a bushel, quotable, and for the reading stack. It’s all here in the Friday roundup. James McGrath I join Tom Fox ( FCPA Compliance and Ethics...

Friday FCPA Roundup for Week Ending Oct. 17

This article was reprinted with permission from FCPA Professor Strange definitions, asset recovery, through the revolving door, and proof. It’s all here in the Friday roundup. Strange Definitions The Department of Justice and Securities and Exchange Commission sure do have some strange...

Friday FCPA Roundup for Week Ending Oct. 24

This article was reprinted with permission from FCPA Professor SEC administrative proceedings, a sorry state of affairs, voluntary disclosure calculus, nice payday but what was really accomplished, and for the reading stack. It’s all here in the Friday roundup. SEC Administrative Proceedings...

Friday FCPA Roundup for Week Ending Oct. 31

This article was reprinted with permission from FCPA Professor Scrutiny updates, the story of the FCPA, keep it simple, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Updates Goodyear Goodyear Tire & Rubber Co. has been under FCPA scrutiny for approximately...

Items of Interest From the Bio-Rad Enforcement Action

This article was reprinted with permission from FCPA Professor This previous post dived deep into the Bio-Rad Laboratories FCPA enforcement action. This post continues the analysis by highlighting various issues from the enforcement action. Play On Words The enforcement action was the result...

Friday FCPA Roundup for Week Ending Nov. 7

This article was reprinted with permission from FCPA Professor A double standard dandy, scrutiny alerts, quotable, asset recovery, protection money, and for the reading stack. It’s all here in the Friday roundup. Double Standard Dandy Numerous prior posts have highlighted the double standard...

A Suggested Read on a Variety of Topics

This article was reprinted with permission from FCPA Professor Several prior posts ( here , here , and here ) have focused on basic causation issues in connection with many Foreign Corrupt Practices Act enforcement actions. The lack of causation between an alleged bribe payment and any alleged...

FCPA Survey Results From the Classroom

This article was reprinted with permission from FCPA Professor Call them green, inexperienced, and naive as to how things really work. I call them good Foreign Corrupt Practices Act survey respondents because they are immersed in learning: (i) about black letter legal principles; (ii) legal authority...

Friday FCPA Roundup for Week Ending December 5

This article was reprinted with permission from FCPA Professor Transparency International’s latest Corruption Perception Index, monitor issues, scrutiny alert, Chinese SOEs, SEC press releases, hot, and for the reading stack. It’s all here in the Friday roundup. Transparency International’s...