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Wal-Mart and the Death Knell for Amending the FCPA

In a development that can only be called stunning , the New York Times (NYT) on Sunday, April 22, 2012, reported, in an article entitled " Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle ", on an alleged multi-year bribery and corruption scheme advanced by Wal-Mart...

This Week in FCPA Episode 35

All Wal-Mart, all the time. I'll try to parse out the subjects we talk about by time. It blends, so bear with it. 04:00: Will this fundamentally change FCPA compliance going forward? 06:06: How will Mexico respond? How will the DOJ? 07:11: Impacting the News Corp. story 08:22: Will this kill...

Does Wal-Mart Have a Facilitation Payment Exception to the FCPA?

In an article entitled " Many Of The Bribery Allegations Against Wal-Mart May Not Be Illegal " Forbes reporter Nathan Vardi wrote that "many of the allegations reported in the New York Times could reasonably be interpreted as falling under the so-called "facilitating payments"...

Wal-Mart and the Strategic Transformation of a Compliance Culture

In every crisis there is an opportunity. This was presented, perhaps less starkly, in an article in the spring 2012 Issue of the MIT Sloan Management Review , entitled " Achieving Successful Strategic Transformation " , by authors Gerry Johnson, George S. Yip and Manual Hensmans, "Happy...

The Shelby Mustang and Continued Development of a FCPA Compliance Program

Carroll Shelby died last week. For anyone who following racing or loved the Muscle Car Era, no light shone brighter that Shelby's. In 1959 (a little before I started to follow racing) Shelby was the first Texan to win the 24 Hours of Le Mans. Forced to retire from racing due to a medical condition...

Foreign Corrupt Practices Act Enforcement as Seen through Wal-Mart's Potential Exposure

reprinted with permission from Mike Koehler , Southern Illinois University School of Law White Collar Crime Report, Vol. 7, 2012 Abstract High-profile instances of Foreign Corrupt Practices Act scrutiny focus attention on the law and its enforcement across a broad spectrum. In spring 2012...

Fine Looks at Wal-Mart and Sees 10 Lessons

I had the chance to meet Michael Fine last spring at the Dow Jones Compliance conference in Washington DC. For those of you in the compliance arena who do not know him he has worked as a Consultant to Transparency International (TI) on the export credit agency survey/report "Export Credit Agency...

New Details Emerge in Wal-Mart FCPA Case

This article was reprinted with permission from FCPA Professor Last week the New York Times ran a front-page story ( here ) regarding Wal-Mart and its FCPA scrutiny. The story did not receive nearly the attention of the April New York Times story (see here for the prior post), but the recent article...

The Hound of the Baskervilles – Questions, Questions and More Questions for Wal-Mart

We continue our week of exploration of all things Sherlock Holmes in honor of his 125 th anniversary last week by taking a look at my favorite Holmes novel " The Hound of the Baskervilles ". It is the third of four crime novels by Sir Arthur Conan Doyle featuring the detective Sherlock Holmes...

Fu Manchu and the Wal-Mart FCPA Investigation Water Torture

Today we celebrate Fu Manchu. No not the facial accouterments but the fictional character who was introduced to the world in a series of novels by British author Sax Rohmer during the first half of the 20th century. He has become an archetype of the evil criminal genius while also lending his moniker...

Wal-Mart One Year Later

This article was reprinted with permission from FCPA Professor One year ago, 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 largest...

Wal-Mart: Be a Leader in Compliance

Lou Reed died yesterday. He was one of the most influential figures in rock and roll history and pop culture over the past 50 years. Starting with his band, the Velvet Underground, Rolling Stone magazine said that the group’s “debut [album] The Velvet Underground & Nico stands as a landmark...

Delaware Supreme Court Requires Wal-Mart to Produce Privileged Documents

Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW , Del. Supr., No. 614, 2013 (July 23, 2014) [an enhanced version of this opinion is available to lexis.com subscribers] . This Delaware Supreme Court en banc opinion requires Wal-Mart to produce documents about an alleged...