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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...

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...

Free Webinar: Understanding the Risks of Operating in a Global Market

Moderator(s): Paul J. McNulty, Stephen Martin, Patrick Thesing Today's challenging legal and regulatory environment has made it absolutely essential to establish an effective global compliance program. This need is fueled by the increased expectations and scrutiny of corporate compliance practices...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...