Stephen Martin and I will co-present at a Foreign Corrupt Practices Act (FCPA) event hosted by Kreller. If you are in or near Chicago I hope that you can join us. The title of our presentation is " Anti-Corruption/FCPA Developments & Best Practices...
This is the fourth part of an occasional series. The first is available here , the second here and the third here. The entire paper will be published by Securities Regulation Law Journal early next year.
The volunteer program
The corporate payments...
In an article in the summer 2011 issue of the Sloan Management Review, entitled, " What Really Happened to Toyota? ", author Robert Cole explored the recent problems of the company and whether these difficulties "throw its legendary manufacturing...
The question of attorney-client privilege (herein "the
privilege") for in-house counsel can be a vexing one, yet one that has
significant implications for investigations and enforcement actions under the
Foreign Corrupt Practices Act (FCPA...
This article was reprinted with permission
from FCPA Professor
As highlighted below, the DOJ recently acknowledged,
despite prior definitive statements by former Assistant Attorney General Lanny
Breuer to the contrary, that "measuring the impact...
Today, organizations and clients are increasingly aware of the need to implement a rigorous compliance program. The new LexisNexis Compliance Center provides a comprehensive range of resources to create, maintain and prove a culture of compliance at both...
On Monday night, Houston Astros manager Brad Mills went
to the mound five times to change pitchers against five straight New York Mets
batters. This set the Astros twitter community literally 'a-twitter' as it was
noted that, according to the...
One of the areas which is universally listed as a
component of a best practices compliance policy under the Foreign
Corrupt Practices Act (FCPA), UK Bribery Act and OECD Good Practices is that of
a written compliance code. However this is not an area...
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....
What is risk? Under the Foreign Corrupt Practices Act
(FCPA) and UK Bribery Act risk is generally doing business in a non-compliant
manner under these laws, where such action can increase the possibility of
engaging in or facilitating a corrupt payment...
Current trends in FCPA enforcement are evident in the
latest settlement with Johnson & Johnson. U.S. v. Depuy, Inc. ,
(D.D.C. Filed April 8, 2011); SEC v. Johnson & Johnson , Civil Action
No. 1:11-cv-00686 (D.D.C. Filed April 8, 2011). To resolve...
As a result of developments during 2011, there is a "growing sense of urgency amongst FCPA practitioners as to the direction the statute will take in the coming years," according to a law firm's year-end FCPA report. The January 3, 2011...
In a provocative law review article entitled " FCPA
Sanctions: Too Big to Debar? " South Texas College of Law student
Nicholas Wagoner and Professor Drury Stevenson, posit the question: "Are
certain private contractors too big to debar...
an article in the Tuesday Wall
Street Journal (WSJ), entitled " More
foreign banks probed for sanctions violations ", Brett Wolf reported
that the New York County District Attorney's Office will shortly announce
The bane of every first year law student, at least in
Civil Procedure, is Pennoyer v. Neff . This is because (1) it is usually
studied very early in the semester; (2) is viewed as the first true
introduction to how strikingly convoluted legal issues...
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...
Doing something 'by the book' means more than following a
process. It means following that process during high stress times. One of the
things that I think gets missed when discussing compliance programs is the need
for rigor in the process...
We conclude our sports themed week by noting today is the
50 th anniversary of Wilt Chamberlain's 100 point game. Wilt (aka the
"Bigger Dipper") went 36-63 from the field and an astonishing 28-32 from the
free throw line on that night...
Anti-corruption, anti-bribery, anti-money laundering
programs policies and procedures and even export control systems are seemingly
in a constant state of evolution. Many companies are struggling with the
challenge of implementing effective 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...
If there was ever a question that distributors were
covered under the Foreign Corrupt Practices Act (FCPA), in 2012, the Department
of Justice (DOJ) and Securities and Exchange Commission (SEC) made it
emphatically clear that this class of entities...
One of the areas of risk which is traditionally assessed
is that of geography or country risk. The UK Bribery Act Guidance defines
country risk as:
Country risk: this is evidenced by perceived
high levels of corruption, an absence of effectively...
My grandfather was a comic book collector. He collected
all kinds and types of comics, from super-heroes to the Archie series. One of
the series that he collected that I still think about from time-to-time was
Classics Illustrated. Classics Illustrated...
These past few years, the
government made Corrupt Practices Act ("FCPA") enforcement a priority
and the number of cases has increased dramatically. Heightened enforcement of
the FCPA is a growing concern for companies engaging in mergers, acquisitions...
Just when you think things cannot get any worse for the forlorn AAA Houston Astros, aka Lastros, last night they sank to a new low, while riding their current 3-35 streak (109 loss season projected - ouch!). After managing to take the National League...