LexisNexis® Legal Newsroom
The FCPA Guidance: An Exploration of ‘Corruptly’ and ‘Willfully’

I am back from my surgery and convalescence and I wanted to thank everyone for the good wishes and thoughts. I would also like to give a very big special thanks to Mary Shaddock Jones for her entire series of timely and topical articles that she and her associate Miller Flynt wrote while I was out...

Wrestling as an Olympic Sport and Declinations under the FCPA

What do the US, Russia and the Islamic Republic of Iran have in common? Answer: Precious little . However one thing that they do have in common is their vehement opposition to the absolutely idiotic, boneheaded and stupid decision by the International Olympic Committee (IOC) to drop wrestling from...

Remedies of FCPA Violations – Lessons Learned from the Boeing 787 Lithium-Ion Battery Issue

Over the past three months, the aircraft manufacturer Boeing has gone through a public relations nightmare and financial disaster over the failure of lithium-ion batteries in its new flagship aircraft, the 787. This Boeing case study can provide some interesting lessons for the compliance professional...

And The Hits Just Keep on Coming for the ‘Sons and Daughters’ Hiring Program

About the best thing that you can say for the Houston Texans is that they did not lose on Sunday. Of course they did not play on Sunday, pathetically losing Week 14’s game last Thursday. For their season’s effort, the head coach was fired the next day. At least in the National Football League...

The 2013 FCPA Year in Review-Corporate Enforcement Actions

In my final post of 2013, I reviewed all of the individual Foreign Corrupt Practices Act enforcement actions which occurred in the past year. In this first post of 2014, I review all the corporate enforcement actions in 2013. If you would like to have a handy reference on all of the 2013 FCPA enforcement...

Corruption in Turkey and Integrating Your Risk Assessment

One of the more public and ongoing corruption scandals in the world right now seems to be happening in Turkey. To say the events and facts are confused is an understatement. At this point there are not any international players who have been implicated but given the breadth and scope of what has come...

What is the Role of An Apology In Anti-Corruption Enforcement?

What is the most famous apology in literature? Plato’s Apology for Socrates certainly is in the conversation. In addition to presenting Plato’s views on his teacher, it is believed to be the most authentic account that has been preserved of Socrates’ defense of himself as it was presented...

Friday FCPA Roundup for Week Ending March 14

This article was reprinted with permission from FCPA Professor Guilty plea in FCPA obstruction case, SEC trims a pending case, across the pond, turnabout is fair play, and for the reading stack. It’s all here in the Friday roundup. Cilins Pleads Guilty Earlier this week, the DOJ announced...

Gifts, Travel and Entertainment Under the FCPA – Part II

A. Opinion Releases Gifts In the early 1980s the Department of Justice (DOJ) issued three Opinion Releases related to gifts under the Foreign Corrupt Practices Act (FCPA). While these Opinion Releases are clearly dated, they do remain instructive. In Opinion Release 82-01, the DOJ approved...

Gifts, Travel and Entertainment under the FCPA – Part III

Now that we have reviewed all of the public record pronouncements from the Department of Justice (DOJ) and Securities and Exchange Commission (SEC), this post will try and suggest what you might need in your Foreign Corrupt Practices Act (FCPA) compliance policy and attendant procedures regarding gifts...

Friday FCPA Roundup for Week Ending June 13

This article was reprinted with permission from FCPA Professor Elevate your FCPA knowledge and practical skills, FCPA ripples, origins of PetroTiger’s FCPA scrutiny, news flash, and for the reading stack. It’s all here in the Friday Roundup. Elevate Your FCPA Knowledge and Practical...

New FCPA Professor Article – “Foreign Corrupt Practices Act Ripples”

This article was reprinted with permission from FCPA Professor In house counsel and other compliance professionals are often looking for additional ways to stress the importance of Foreign Corrupt Practices Act compliance to corporate leaders. A common way to do this is forwarding to corporate leaders...

The Origins of the FCPA: Lessons for Effective Compliance and Enforcement – Part Four

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 issue and the SEC investigations and actions garnered...

The Great Pumpkin and the Alternative Universe

For Halloween last year, I wrote a blog post where I derided Linus and his forlorn quest to have his pumpkin patch named the most sincere by the Great Pumpkin. In response I received this rather terse message from my colleague Doug Cornelius: Are you trying to say that the Great Pumpkin is not real...

Don’t Collapse in the Wind – Knowledge is Power

On November 7, 1940, high winds buffeted the Tacoma Narrows Bridge leading to its collapse. The first failure came at about 11 a.m., when concrete dropped from the road surface. Just minutes later, a 600-foot section of the bridge broke free. Subsequent investigations and testing revealed that when the...

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...

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...