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Items of Interest From the Bio-Rad Enforcement Action

This article was reprinted with permission from FCPA Professor This previous post dived deep into the Bio-Rad Laboratories FCPA enforcement action. This post continues the analysis by highlighting various issues from the enforcement action. Play On Words The enforcement action was the result...

Friday FCPA Roundup for Week Ending Nov. 7

This article was reprinted with permission from FCPA Professor A double standard dandy, scrutiny alerts, quotable, asset recovery, protection money, and for the reading stack. It’s all here in the Friday roundup. Double Standard Dandy Numerous prior posts have highlighted the double standard...

A Suggested Read on a Variety of Topics

This article was reprinted with permission from FCPA Professor Several prior posts ( here , here , and here ) have focused on basic causation issues in connection with many Foreign Corrupt Practices Act enforcement actions. The lack of causation between an alleged bribe payment and any alleged...

DOJ Gets It Right in Recent FCPA Opinion Procedure Release

This article was reprinted with permission from FCPA Professor In this November 2010 post regarding the FCPA guidance, I flagged the below statement as one of the ten most meaningful statements in the Guidance. “Successor liability does not […] create liability where none existed before...

FCPA Survey Results From the Classroom

This article was reprinted with permission from FCPA Professor Call them green, inexperienced, and naive as to how things really work. I call them good Foreign Corrupt Practices Act survey respondents because they are immersed in learning: (i) about black letter legal principles; (ii) legal authority...

Friday FCPA Roundup for Week Ending December 5

This article was reprinted with permission from FCPA Professor Transparency International’s latest Corruption Perception Index, monitor issues, scrutiny alert, Chinese SOEs, SEC press releases, hot, and for the reading stack. It’s all here in the Friday roundup. Transparency International’s...

Friday FCPA Roundup for Week Ending January 9

This article was reprinted with permission from FCPA Professor From the dockets, cleared, when the dust settles, outreach, and quotable. It’s all here in the Friday roundup. From the Dockets Sigelman This recent post highlighted the motion to dismiss filed by Joseph Sigelman. Among...

Friday FCPA Roundup for Week Ending January 16

This article was reprinted with permission from FCPA Professor Hollywood film studios, more FBI agents, asset recovery, quotable, and for the reading stack. It’s all here in the Friday roundup. Hollywood Film Studios A recent Wall Street Journal article went in-depth regarding the FCPA...

Friday FCPA Roundup for Week Ending January 23

This article was reprinted with permission from FCPA Professor Scrutiny alerts, quotable, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts Nortek Nortek Inc. recently disclosed : “As part of our routine internal audit activities, Nortek, Inc....

Friday FCPA Roundup for Week Ending January 30

This article was reprinted with permission from FCPA Professor Scrutiny alerts, compliance defense, be a scholar, industry news, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts The Bank of New York Mellon Corp (BNY Mellon) recently disclosed : “In...

The Black Hole of FCPA Enforcement

This article was reprinted with permission from FCPA Professor Readers frequently contact me with good questions about recent Foreign Corrupt Practices Act enforcement actions. Recent examples include the following. In connection with the recent enforcement action against individuals...

Friday FCPA Roundup for Week Ending February 13

This article was reprinted with permission from FCPA Professor Scrutiny alert and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alert In August 2012, the Israel-based Teva Pharmaceuticals first disclosed its FCPA scrutiny and in its most recent annual report the...

Friday FCPA Roundup for Week Ending February 20

This article was reprinted with permission from FCPA Professor Wal-Mart related, north of the border, scrutiny alerts and updates, and an issue to watch. It’s all here in the Friday roundup. Wal-Mart Related Here is what Wal-Mart said in its recent 4Q FY2015 earnings call . “FCPA...

Friday FCPA Roundup for Week Ending February 27

This article was reprinted with permission from FCPA Professor Save the date, scrutiny updates, coming attraction, job alert, and for the reading stack. It’s all here in the Friday roundup. Save the Date An event notice for East Coast readers. On Friday, March 6th, the Fordham Law Review...

Time Out Regarding Certain Goodyear Commentary

This article was reprinted with permission from FCPA Professor Pardon me for being that guy, but in the Foreign Corrupt Practices Act space someone needs to put on the stripes because the information gatekeepers of much FCPA content tend to be non-lawyer journalists writing stories by cobbling together...

Assessing DOJ Transparency

This article was reprinted with permission from FCPA Professor Recently Assistant Attorney General Leslie Caldwell gave this speech at an event hosted by New York University Law School’s Program on Corporate Compliance and Enforcement. The focus of the speech, as stated by Caldwell, was “the...

Friday FCPA Roundup for Week Ending May 15

This article was reprinted with permission from FCPA Professor Like it, quotable, and scrutiny alerts and updates. It’s all here in the Friday roundup. Like It If you get your FCPA from FCPA Professor, you can now like FCPA Professor on Facebook. Click here . You can also follow FCPA...

Friday FCPA Roundup for Week Ending May 29

This article was reprinted with permission from FCPA Professor Survey says, scrutiny alert, chuckle, and for the reading stack. It’s all here in the Friday roundup. Survey Says Items that caught my eye from Kroll/Compliance Week’s recent 2015 Anti-Bribery and Corruption Benchmarking...

What’s The Difference?

This article was reprinted with permission from FCPA Professor It was not my intent to publish a third-straight post on double standard issues, let alone a post with the same headline as yesterday (see posts here and here from earlier this week). However, in writing on the double standard topic...

Friday FCPA Roundup for Week Ending September 18

This article was reprinted with permission from FCPA Professor DOJ compliance counsel identified, additional lenient PetroTiger exec sentences, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup. DOJ Compliance Counsel As highlighted in this previous...

Where Does the Truth Lie?

This article was reprinted with permission from FCPA Professor If the DOJ and/or SEC make allegations in a Foreign Corrupt Practices Act enforcement action, and a risk averse corporation agrees to resolve the enforcement action in the absence of judicial scrutiny, does that mean the allegations are...

Same Alleged Legal Violations, Yet Materially Different Sanctions

A basic rule of law principle is consistency. In other words, the same legal violation ought to be sanctioned in the same way. When the same legal violation is sanctioned in materially different ways, trust and confidence in law enforcement agencies is diminished. The Foreign Corrupt Practices...

A Government Required Transfer of Shareholder Wealth to FCPA Inc.?

This article was reprinted with permission from FCPA Professor This is the third time FCPA Professor has highlighted this specific topic. The prior two posts ( here and here ) were in connection with FCPA enforcement actions against healthcare companies Johnson & Johnson and Pfizer and the...

Friday FCPA Roundup for Week Ending October 30

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, civil litigation updates, SEC enforcement statistics, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts and Updates Millicom The telecom and media company headquartered...

Enforcement Officials Speak on Compliance and Individual Accountability

This article was reprinted with permission from FCPA Professor This post summarizes two recent speeches by DOJ/SEC enforcement officials that touched upon topics relevant to Foreign Corrupt Practices Act enforcement. In the first speech , Assistant Attorney General Leslie Caldwell, speaking at...