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...

Don’t Collapse in the Wind – Knowledge is Power

On November 7, 1940, high winds buffeted the Tacoma Narrows Bridge leading to its collapse. The first failure came at about 11 a.m., when concrete dropped from the road surface. Just minutes later, a 600-foot section of the bridge broke free. Subsequent investigations and testing revealed that when the...

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...

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...

Atlanta Burns – the Bio-Rad FCPA Enforcement Action – Part III

On this date in 1864, the Union Army phase of the destruction of Atlanta began. While most Southerners credit Union General William T. Sherman with the burning of Atlanta, it was, in reality, Confederate General John Bell Hood who ordered the burning of the armament works that started the destruction...

Opinion Release 14-02: Dis-Linking the Illegal Conduct Going Forward

One of my favorite words in the context of Foreign Corrupt Practices Act (FCPA) enforcement is dis-link . I find it a useful adjective in explaining how certain conduct by a company must be separated from the winning of business. But it works on so many different levels when discussing the FCPA. Last...

And The Apples Go To …

This article was reprinted with permission from FCPA Professor Often times there seems to be an echo chamber when it comes to Foreign Corrupt Practices Act reporting, commentary, etc. One such occasion has been the recent Layne Christensen enforcement action (see here for the prior post). The theme...

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...

The Alstom FCPA Enforcement Action – Part I

As the first blog post of 2015, I thought it appropriate to highlight two outstanding confluences. The first is that this year is the centenary of the birth of Orson Welles. While not occurring in 2015, near the end of 2014 we had the settlement of the long-standing Alstom Foreign Corrupt Practices Act...

Friday FCPA Roundup for Week Ending January 9

This article was reprinted with permission from FCPA Professor From the dockets, cleared, when the dust settles, outreach, and quotable. It’s all here in the Friday roundup. From the Dockets Sigelman This recent post highlighted the motion to dismiss filed by Joseph Sigelman. Among...

Friday FCPA Roundup for Week Ending January 16

This article was reprinted with permission from FCPA Professor Hollywood film studios, more FBI agents, asset recovery, quotable, and for the reading stack. It’s all here in the Friday roundup. Hollywood Film Studios A recent Wall Street Journal article went in-depth regarding the FCPA...

Friday FCPA Roundup for Week Ending January 30

This article was reprinted with permission from FCPA Professor Scrutiny alerts, compliance defense, be a scholar, industry news, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts The Bank of New York Mellon Corp (BNY Mellon) recently disclosed : “In...

Friday FCPA Roundup for Week Ending February 6

This article was reprinted with permission from FCPA Professor Quotable, on offense, scrutiny alert, to FCPA Inc., and resource alert. It’s all here in the Friday roundup. Quotable This article in The Recorder reports on a recent public event in which Assistant Attorney General Leslie...

Friday FCPA Roundup for Week Ending February 13

This article was reprinted with permission from FCPA Professor Scrutiny alert and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alert In August 2012, the Israel-based Teva Pharmaceuticals first disclosed its FCPA scrutiny and in its most recent annual report the...

Friday FCPA Roundup for Week Ending February 20

This article was reprinted with permission from FCPA Professor Wal-Mart related, north of the border, scrutiny alerts and updates, and an issue to watch. It’s all here in the Friday roundup. Wal-Mart Related Here is what Wal-Mart said in its recent 4Q FY2015 earnings call . “FCPA...

Goodyear to Pay SEC More Than $16M to Settle Federal Corruption Claims

WASHINGTON, D.C. — (Mealey’s) According to the terms of administrative order issued by the Securities and Exchange Commission today, Goodyear Tire & Rubber Co. will pay more than $16 million to settle claims that it violated provisions of the Foreign Corrupt Practices Act (FCPA) by failing...

Without Admitting or Denying the SEC’s Findings, Goodyear Resolves SEC Administrative Action

This article was reprinted with permission from FCPA Professor As highlighted in this previous post, in February 2012 Goodyear Tire & Rubber Company disclosed as follows. “In June 2011, an anonymous source reported, through our confidential ethics hotline, that our majority-owned joint...

Goodyear Settles SEC FCPA Charges

Goodyear Tire and Rubber Company settled FCPA books and records and internal control charges with the SEC. The settlement reflects the extensive cooperation and remedial efforts of the company. In the Matter of Goodyear Tire and Rubber Company, Adm. Proc. File No. 3-16400 (February 24, 2015). The...

Issues to Consider From the Goodyear Enforcement Action

This article was reprinted with permission from FCPA Professor This recent post highlighted the SEC FCPA enforcement action against Goodyear. This post continues the analysis by highlighting various issues to consider associated with the enforcement action. Invoking a Standard That Does Not...

Friday FCPA Roundup for Week Ending February 27

This article was reprinted with permission from FCPA Professor Save the date, scrutiny updates, coming attraction, job alert, and for the reading stack. It’s all here in the Friday roundup. Save the Date An event notice for East Coast readers. On Friday, March 6th, the Fordham Law Review...