Corporate

Recent Posts

The IBM Case: FCPA Compliance Programs And Internal Controls
Posted on 21 Mar 2011 by Thomas O. Gorman

There was Congressional testimony last fall to consider possible modifications to the Foreign Corrupt Practices Act. In part the testimony focused on the issue of FCPA compliance procedures as a defense for a business organization. Under current practice... Read More

Friday FCPA Roundup for Week Ending Dec. 6
Posted on 6 Dec 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor Looking for talent … got talent, the DOJ is sued, the Corruption Perceptions Index, a pulse on FCPA Inc., and for the reading stack. It’s all here in the Friday roundup. ... Read More

Grading the Foreign Corrupt Practices Act Guidance
Posted on 2 Jan 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor I am pleased to share a download link ( here ) to my article "Grading The Foreign Corrupt Practices Act Guidance" recently published in Bloomberg / BNA's White Collar Crime... Read More

The Need for an FCPA Lingua Franca
Posted on 11 Mar 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor There is a need for a Foreign Corrupt Practices Act lingua franca. The absence of a lingua franca has all sorts of negative effects, including an impact on the quality of FCPA enforcement... Read More

Parts III & IV: The SEC and Chinese Issuers: Transparency And Accountability
Posted on 8 Aug 2012 by Thomas O. Gorman

Corporate governance A number of PRC based issuers have been named as defendants in SEC enforcement actions. These cases involve a range of issues including financial fraud, manipulation and misuse of assets. Misrepresentations and financial fraud... Read More

End of the Annual Compliance and Ethics Training ‘Flea Dip’
Posted on 10 Aug 2011 by Thomas Fox

In an article in the July/August edition of the ACC Docket entitled " Rethinking the Annual Compliance and Ethics Flea Dip ", author James Nortz discusses the annual compliance and ethics training program that most US company's employees... Read More

Internal Controls under the UK Bribery Act and FCPA
Posted on 22 Mar 2011 by Thomas Fox

Although much is still unclear about the implementation date, or the manner in which the UK Bribery Act will be enforced, it is clear that one of the important compliance functions which a company should implement is appropriate internal controls.... Read More

The Story Of The Foreign Corrupt Practices Act
Posted on 11 Dec 2012 by Mike Koehler

This article was reprinted with permission from FCPA Professor Thirty-five years ago this month, the Foreign Corrupt Practices Act became law. In connection with this anniversary, I am pleased to share my scholarship " The Story of the Foreign... Read More

Small but Crucial Distinctions: Understanding the UK Bribery Act vs. the FCPA
Posted on 7 Jun 2013 by Corporate and Securities Law Community Staff

"We are not the 'serious champagne office,' " said David Green , chief of the UK's Serious Fraud Office (SFO). But Green says he is working to focus his agency on bigger cases of bribery and corruption. Green's commitment ... Read More

The FCPA and Doing Business In A Pure Pay to Play Country
Posted on 30 Mar 2010 by Thomas Fox

Excerpt: Since March 15th 2010, the blogosphere has seen some interesting discussions about the economics of the Foreign Corrupt Practices Act (FCPA). The spark which ignited the blog-world was a statement by Wall Street Journal editorial board member... Read More

Management of Foreign Business Partners Under the FCPA through an Oversight Committee
Posted on 26 May 2010 by Thomas Fox

Excerpt: A key tool in the process of managing Foreign Business Partners under the Foreign Corrupt Practices Act (FCPA) is an Oversight Committee. An Oversight Committee can be utilized throughout the entire process of (1) evaluating the need for a... Read More

The 100th Edition: Friday FCPA Roundup for Week Ending Nov. 15
Posted on 15 Nov 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, a first, blunt, and quotable. It’s all here in this – the 100th edition - of the Friday roundup. [I hope the Friday roundup is a value added... Read More

Foreign Business Representatives: Some Red Flags to Review
Posted on 9 Mar 2011 by Thomas Fox

Most Foreign Corrupt Practices Act (FCPA) Practitioners are aware that the greater the contacts with a foreign governmental official and the greater amount of money involved, the greater the FCPA risk for a company if a third party is involved. This... Read More

Friday FCPA Roundup for Week Ending June 20
Posted on 21 Jun 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor SEC tweaks its neither admit nor deny settlement policy, Tyco settlement approved, scrutiny alert, and for the reading stack. It's all here in the Friday roundup. SEC Tweaks Neither... Read More

15 (FCPA) Blog Sites to Check Out on April 15
Posted on 15 Apr 2011 by Thomas Fox

For some time now I have wanted to write about who I read and why, so in honor of April 15, I thought it might be a good idea to list 15 favorite blog sites. Below is a list of my favorites and as this blog provides my spin on all things related to... Read More

  • Blog Post: The FCPA and Doing Business In A Pure Pay to Play Country

    Excerpt: Since March 15th 2010, the blogosphere has seen some interesting discussions about the economics of the Foreign Corrupt Practices Act (FCPA). The spark which ignited the blog-world was a statement by Wall Street Journal editorial board member Mary Anastasia O'Grady in a piece entitled...
  • Blog Post: Foreign Business Partner under the FCPA: The Problem and Managing It

    This article is the first in a series of articles detailing the risk assessment, evaluation and management of a foreign business partner under the Foreign Corrupt Practices Act (FCPA). This article sets out the parameters of the problem and suggests a format for risk assessment, suggesting an approach...
  • Blog Post: Management of Foreign Business Partners Under the FCPA through an Oversight Committee

    Excerpt: A key tool in the process of managing Foreign Business Partners under the Foreign Corrupt Practices Act (FCPA) is an Oversight Committee. An Oversight Committee can be utilized throughout the entire process of (1) evaluating the need for a Foreign Business Partner; (2) evaluating the information...
  • Blog Post: FTI Consulting’s Allan Kaufman on the Globalization of Foreign Corrupt Practices Laws

    Allan Kaufman, managing director at FTI Consulting, discusses a number of issues surrounding foreign corrupt practices law during a seminar held on Sept. 23, 2010. Topics include which countries are better at enforcing bribery laws, what the U.N. has done to combat bribery of foreign governments, who...
  • Blog Post: Foreign Business Representatives: Some Red Flags to Review

    Most Foreign Corrupt Practices Act (FCPA) Practitioners are aware that the greater the contacts with a foreign governmental official and the greater amount of money involved, the greater the FCPA risk for a company if a third party is involved. This is more particularly so if the foreign business...
  • Blog Post: The IBM Case: FCPA Compliance Programs And Internal Controls

    There was Congressional testimony last fall to consider possible modifications to the Foreign Corrupt Practices Act. In part the testimony focused on the issue of FCPA compliance procedures as a defense for a business organization. Under current practice those procedures are not a defense but mitigation...
  • Blog Post: Internal Controls under the UK Bribery Act and FCPA

    Although much is still unclear about the implementation date, or the manner in which the UK Bribery Act will be enforced, it is clear that one of the important compliance functions which a company should implement is appropriate internal controls. The previously released Consultative Guidance had...
  • Blog Post: Some Red Flags

    Most compliance practitioners have heard the term " Red Flags ." Red Flags are generally defined as circumstances which could place a reasonable person on notice that illegal or improper conduct has or may occur. A Red Flags does not mean that an action or transaction should immediately...
  • Blog Post: Is a Commercial Enterprise Owned by Foreign Government by Covered by the FCPA?

    One of the factors to determine just who is a foreign governmental official under the Foreign Corrupt Practices Act (FCPA), is whether a foreign government is involved. There are currently a triumvirate of pending cases where the defendants have challenged a basic Department of Justice tenet that...
  • Blog Post: 15 (FCPA) Blog Sites to Check Out on April 15

    For some time now I have wanted to write about who I read and why, so in honor of April 15, I thought it might be a good idea to list 15 favorite blog sites. Below is a list of my favorites and as this blog provides my spin on all things related to the Foreign Corrupt Practices Act (FCPA) arena here...
  • Blog Post: This Week in the FCPA # 6 (June 6, 2011) by Thomas Fox & Howard Sklar

    Among the topics that Thomas Fox and Howard Sklar discuss this week: Cheryl Scarboro's departure from the SEC to join Simpson Thacher, the House Judiciary Committee's examination of upgrades to the Foreign Corrupt Practices Act, KPMG's Global Anti-Bribery and Corruption Survery...
  • Blog Post: Cadwalader FCPA Advisor: Technip DPA, DOJ Corporate Monitor Guidance, DOJ FCPA Opinion Release, and more

    In This Issue: Technip Enters into DPA with DOJ, Pays $338 Million Settlement Department of Justice Guidance on Company Disputes with Corporate Monitors First DOJ FCPA Opinion Procedure Release in 2010 Financial Reform Bill Compensates Whistleblowers Assisting the SEC Breuer Cautiously Approaches...
  • Blog Post: End of the Annual Compliance and Ethics Training ‘Flea Dip’

    In an article in the July/August edition of the ACC Docket entitled " Rethinking the Annual Compliance and Ethics Flea Dip ", author James Nortz discusses the annual compliance and ethics training program that most US company's employees receive which he calls a ' flea dip' . While...
  • Blog Post: Parts III & IV: The SEC and Chinese Issuers: Transparency And Accountability

    Corporate governance A number of PRC based issuers have been named as defendants in SEC enforcement actions. These cases involve a range of issues including financial fraud, manipulation and misuse of assets. Misrepresentations and financial fraud are the central allegations in SEC v. SinoTechEnergy...
  • Blog Post: The Story Of The Foreign Corrupt Practices Act

    This article was reprinted with permission from FCPA Professor Thirty-five years ago this month, the Foreign Corrupt Practices Act became law. In connection with this anniversary, I am pleased to share my scholarship " The Story of the Foreign Corrupt Practices Act " recently published...
  • Blog Post: Grading the Foreign Corrupt Practices Act Guidance

    This article was reprinted with permission from FCPA Professor I am pleased to share a download link ( here ) to my article "Grading The Foreign Corrupt Practices Act Guidance" recently published in Bloomberg / BNA's White Collar Crime Report. The article abstract is as follows...
  • Blog Post: The Need for an FCPA Lingua Franca

    This article was reprinted with permission from FCPA Professor There is a need for a Foreign Corrupt Practices Act lingua franca. The absence of a lingua franca has all sorts of negative effects, including an impact on the quality of FCPA enforcement and related statistics. I previously wrote...
  • Blog Post: Small but Crucial Distinctions: Understanding the UK Bribery Act vs. the FCPA

    "We are not the 'serious champagne office,' " said David Green , chief of the UK's Serious Fraud Office (SFO). But Green says he is working to focus his agency on bigger cases of bribery and corruption. Green's commitment , and the sweeping nature of the UK Bribery Act (UKBA...
  • Blog Post: Friday FCPA Roundup for Week Ending June 20

    This article was reprinted with permission from FCPA Professor SEC tweaks its neither admit nor deny settlement policy, Tyco settlement approved, scrutiny alert, and for the reading stack. It's all here in the Friday roundup. SEC Tweaks Neither Admit Nor Deny Settlement Policy Numerous...
  • Blog Post: The Guidance One Year Later

    This article was reprinted with permission from FCPA Professor One year ago today, the DOJ and SEC released FCPA Guidance. (See here for the Guidance and here for the Guidance press conference). To say that the Guidance was long-awaited is an understatement. In 1988, Congress encouraged the...
  • Blog Post: The 100th Edition: Friday FCPA Roundup for Week Ending Nov. 15

    This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, a first, blunt, and quotable. It’s all here in this – the 100th edition - of the Friday roundup. [I hope the Friday roundup is a value added end to your work week. The Friday roundup alone represents...
  • Blog Post: Friday FCPA Roundup for Week Ending Dec. 6

    This article was reprinted with permission from FCPA Professor Looking for talent … got talent, the DOJ is sued, the Corruption Perceptions Index, a pulse on FCPA Inc., and for the reading stack. It’s all here in the Friday roundup. Looking for Talent … Got Talent If your...