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    The Weatherford FCPA Settlement, Part II

    Earlier, I reviewed the Weatherford International Limited (Weatherford) Foreign Corrupt Practices Act (FCPA) settlement. Today I will take a more focused look at the bribery schemes involved and the failure of the company to bring internal controls up...

    The Weatherford FCPA Settlement, Part I

    Last week Weatherford International Limited (Weatherford) concluded one of the longest running open Foreign Corrupt Practices Act (FCPA) investigations when it agreed to the ninth largest FCPA fine of all-time and one of its subsidiaries, Weatherford...

    The SEC Talks About Chief Compliance Officers

    Recently, the SEC’s Division of Trading and Markets provided guidance on the potential liability of compliance and legal personnel at registered broker-dealers through a series of answers to eight Frequently Asked Questions (FAQs). Following the...

    Friday FCPA Roundup for Week Ending Nov. 22

    This article was reprinted with permission from FCPA Professor Another acknowledgment of the logic, whistleblower statistics, a guilty plea, and for the reading stack. It’s all here in the Friday roundup. Another Acknowledgment of the Logic...

    Indeed, FCPA Trials Are Important … And Telling As Well

    Three cheers for SEC Chair Mary Jo White’s recent speech titled “The Importance of Trials to the Law and Public Accountability.” Under the heading, “why trials are important,” White stated that “simply put, [trials...

    Edison, the Phonograph and Supply Chain Audits

    Today we celebrate Thomas Edison. It is not his birthday but the 127 th anniversary of Edison announcing his first recording invention, the phonograph. According to This Day in History “Edison stumbled on one of his great inventions–the phonograph–...

    Hats Off to Judge Rakoff

    This article was reprinted with permission from FCPA Professor My 2010 Senate Foreign Corrupt Practices Act testimony focused on two things. First, the general lack of individual enforcement actions in connection with most corporate FCPA enforcement...

    Are Deferred Prosecution Agreements Morally Suspect?

    You know it is going to be a bad day when you are excoriated in public by a sitting federal district judge. It is even worse when the comments of that federal judge make it into one of the most prominent international business dailies around; the UK based...

    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...

    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...

    Secretary of State Kerry Gets It Right

    This article was reprinted with permission from FCPA Professor Secretary of State John Kerry got it right recently when he linked trade barriers and other distortions to – among other things – corruption. Speaking to American Chamber...

    The Miami Dolphins-A Code Red for Compliance

    Tom Cruise: Did you order a Code Red ? Jack Nicolson: You’re G__D__ right I ordered a Code Red . The above lines were spoken in the movie version of “ A Few Good Men ”. If there was ever one scene which demonstrated that Tom Cruise...

    Friday FCPA Roundup for Week Ending Nov. 8

    This article was reprinted with permission from FCPA Professor That’s just so fringe, where now?, the pulse of FCPA Inc., scrutiny alerts and updates, for the reading stack, and save the date. It’s all here in the Friday Roundup. That’s...

    Once Again, Not The Media’s Finest FCPA Moment

    This article was reprinted with permission from FCPA Professor As readers no doubt know, I have my fair share of concerns regarding this new era of Foreign Corrupt Practices Act enforcement. (See here for my article “The Facade of FCPA Enforcement...

    Where Else? JP Morgan Chase Investigation into Hiring Practices Expands

    One of the most dreaded questions in any Foreign Corrupt Practices Act (FCPA) investigation is: Where Else? By this I mean that if you have a systemic failure of internal controls in one geographic area it may well be that there are other failures in...

    Paradise By the Dashboard Light and Compliance Tune-Ups

    This past weekend I caught Meatloaf on tour. To say he can still rock would be putting it mildly. His career has been long and varied, including stints in the cast of the Broadway production of Hair and, of course, as Eddie in the Rocky Horror Picture...

    FCPA Compliance in China: U.S.- China Business Council Report

    FCPA enforcement continues to be a priority for the DOJ and the SEC. This can make doing business in high risk parts of the world such as China hazardous. While compliance systems are not a defense, they may be sufficient in some circumstances to warrant...

    Red Sox Win the World Series: Character Does Matter – in Sports and Compliance

    On Wednesday the Boston Red Sox won their first World Series at home since 1918. The Red Sox had finally bested the Curse of the Bambino back in 2004 when they defeated their 2013 opponent, the St. Louis Cardinals, but they won the Series in St. Louis...

    Reports Just In: Invasions from Mars and the UK Bribery Act

    On this day 75 years ago Orson Welles caused a nationwide panic with his broadcast of “ War of the Worlds ” – a realistic radio dramatization of a Martian invasion of Earth. The show began on Sunday, October 30, at 8 pm. A voice announced...

    Re-Scripting The Bourke Case

    This article was reprinted with permission from FCPA Professor Frederic Bourke, “another whistleblower put in prison by the Obama administration.” So begins this recent lengthy depiction of the Bourke case on Democracy Now. Over the...

    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...

    More About D&O Insurance and Bankruptcy

    Although D&O insurance represents an important risk management tool for every company, the protection that a D&O insurance policy affords directors and officers is particularly important in the bankruptcy context, when the company is no longer...

    Same but New: Fresh Tests for Anti-Bribery Provisions of the FCPA

    Law frequently requires an understanding of Latin. So, too, does the Foreign Corrupt Practices Act (FCPA), inasmuch as it affords an infinite number of opportunities to invoke the adage avaritia facit bardus (“greed makes you stupid”). ...

    Of Note from the Diebold Enforcement Action

    This article was reprinted with permission from FCPA Professor Yesterday’s post ( here ) went long and deep as to the Diebold enforcement action. Today’s post continues the analysis by highlighting additional notable issues. Prior China...

    How Do You Develop a Compliance Practitioner?

    The Morrill Act was a seminal moment in American education. This law, passed in 1862, provided that land-grant institutions of higher learning should be created “without excluding other scientific and classical studies and including military tactic...