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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...

If Only The Supreme Court Had Accepted Cert In The “Foreign Official” Challenge

This article was reprinted with permission from FCPA Professor As highlighted here , here and here , last Fall the Supreme Court had the opportunity to correct the 11th Circuit’s flawed interpretation of the important “foreign official” element of the FCPA’s anti-bribery provisions...

Is Strict Liability Coming to FCPA Enforcement?

I think that a strict liability standard is coming to Foreign Corrupt Practices Act (FCPA) enforcement. A number of factors have caused me to come to this conclusion. While there may well be wide disagreement as to whether such a standard is warranted under the FCPA, I think it is coming and it is something...

Miss Marple Short Stories and SEC Enforcement of the FCPA, Part I

I am a huge Agatha Christie fan. I have read most of the Poriot novels and many of the Jane Marple novels as well. However, I was not aware of Christie’s work in the short story format until I recently read a volume entitled Miss Marple Short Stories . This volume included 13 short stories first...

The Companion and SEC Enforcement of the FCPA – Part II

I will use Agatha Christie’s short story The Companion as the introduction to today’s blog post. This story, related by one of the Tuesday story-telling group of detective aficionados, Dr. Lloyd, and is about two people who are related yet take different paths. It involves the death of a...

Time Out Regarding Certain Goodyear Commentary

This article was reprinted with permission from FCPA Professor Pardon me for being that guy, but in the Foreign Corrupt Practices Act space someone needs to put on the stripes because the information gatekeepers of much FCPA content tend to be non-lawyer journalists writing stories by cobbling together...

The Blue Geranium – SEC Enforcement of the FCPA – Part III

In Agatha Christie’s The Blue Geranium a difficult and cantankerous semi-invalid wife is looked after by a succession of nurses. They changed regularly, unable to cope with their patient, with one exception Nurse Copling who somehow managed the tantrums and complaints better than others of her...

Two Thoughts Regarding the Extension of Biomet’s Deferred Prosecution Agreement

This article was reprinted with permission from FCPA Professor One reason to read FCPA Professor is it allows you to stay ahead of the curve and gain insight into the issues others will be talking about months or years later. For instance, this July 2014 post highlighted how Biomet’s 2013...

Ingots of Gold & SEC FCPA Enforcement – Communication – Part IV

Today I want to use the Agatha Christie’s story Ingots of Gold as an introduction to some of the regular communications that the Securities and Exchange Commission (SEC) representatives frequently provide in public forums, regarding their views on Foreign Corrupt Practices Act (FCPA) enforcement...

Miss Marple Short Stories and SEC Enforcement of the FCPA, Part V – Final Thoughts

I conclude my week of exploration of Agatha Christie’s Miss Marple short stories and the Securities and Exchange Commission’s (SEC) enforcement of the Foreign Corrupt Practices Act (FCPA) by reviewing some of the new things I’ve learnt during this week of research. I learned that Christie...

Friday FCPA Roundup for Week Ending March 27

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, quotable, a future foreign official teaser?, Brazil update, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts and Updates Anheuser-Busch InBev recently disclosed...

Friday FCPA Roundup for Week Ending April 3

This article was reprinted with permission from FCPA Professor Looking for talent – got talent, FBI announcement, Bourke related, to FCPA Inc., and for the reading stack. It’s all here in the Friday Roundup. Looking for FCPA Talent? Got Talent If your firm or organization is looking...

Duke’s Season of Failures

This article was reprinted with permission from FCPA Professor Earlier this week, Duke won the national championship basketball game to cap off a successful season. By one measure, Duke was thus the most successful team in college basketball this year. However, it is undisputed that Duke failed...

Friday FCPA Roundup for Week Ending April 10

This article was reprinted with permission from FCPA Professor Making a difference, to FCPA Inc., and scrutiny alert. It’s all here in the Friday roundup. Making a Difference In running this website, I sometimes feel like the captain of a small ship on a wide vast ocean. My metrics tell...

Wal-Mart Three Years Later

This article was reprinted with permission from FCPA Professor Three years ago this week, the New York Times ran a major story ( here ) titled “Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle.” The conduct at issue in the Times article related to Wal-Mart’s...

Friday FCPA Roundup for Week Ending April 24

This article was reprinted with permission from FCPA Professor Really no big deal, scrutiny alerts, across the pond, quotable, and for your viewing pleasure. It’s all here in the Friday roundup. Really No Big Deal Lockheed’s request (which the SEC does not oppose) to be relieved...

Into the FCPA’s Jurisdiction Thicket

This article was reprinted with permission from FCPA Professor The jurisdiction elements of the Foreign Corrupt Practices Act are like a thicket. It is easy to get snarled and snagged (and thus confused) as to the law’s jurisdiction elements. Hopefully this post can clear things up a bit...

Assessing DOJ Transparency

This article was reprinted with permission from FCPA Professor Recently Assistant Attorney General Leslie Caldwell gave this speech at an event hosted by New York University Law School’s Program on Corporate Compliance and Enforcement. The focus of the speech, as stated by Caldwell, was “the...

Friday FCPA Roundup for Week Ending May 15

This article was reprinted with permission from FCPA Professor Like it, quotable, and scrutiny alerts and updates. It’s all here in the Friday roundup. Like It If you get your FCPA from FCPA Professor, you can now like FCPA Professor on Facebook. Click here . You can also follow FCPA...

Texas Supreme Court Dismisses Defamation Claim Against Shell and Concludes That Providing an Internal Investigation Report to the DOJ Is “Absolutely Privileged”

This article was reprinted with permission from FCPA Professor Shell Oil Company v. Writt is a civil defamation case that has been closely followed by the corporate community given its impact on conducting internal investigations and cooperating with government enforcement agencies. This recent...

Friday FCPA Roundup for Week Ending May 22

This article was reprinted with permission from FCPA Professor Wal-Mart related, request for a new trial, scrutiny alert, and for the reading stack. It’s all here in the Friday roundup. Wal-Mart Related Here is what Wal-Mart said in its recent 1Q FY2016 earnings call : “FCPA and...

On the Oregon Trail: the BHP Enforcement Action and High-Risk Hospitality

Today we celebrate American exceptionalism. As noted in ‘This Date in History’, on this date in 1834 the first wagon train, made up of 1,000 settlers and 1,000 head of cattle, set off down the Oregon Trail from Independence, Missouri, on the Great Emigration. After leaving Independence, the...