Compliance FCPA Resource Guide

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
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Gifts, Travel And Entertainment Under The FCPA – Part II

A. Opinion Releases - 1. 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...more

FCPA “Reform”: Another Shot In The Dark

Timing is everything. Woody Allen said it best – 80 percent of life is just showing up. Unless you are the Chamber of Commerce. Talk about bad timing and sour grapes....more

The Real FCPA Guide: 35 years in the Making - “Non-Binding” Foreign Corrupt Practices Act Resource Useful to Companies Competing...

More than 35 years after becoming law, the Criminal Division of the United States Department of Justice and the Enforcement Division of the Securities and Exchange Commission released their long-awaited guidance on the...more

"Anti-Corruption Due Diligence in Corporate Transactions: Implementing a Risk-Based Approach"

Anti-corruption issues continue to present significant risks in acquisition and investment transactions because regulators continue robust enforcement in this area and emerging markets often present the greatest economic...more

No Knowledge, but Hints of Omissions in the Allianz FCPA Settlement

On December 17, 2012, the Securities and Exchange Commission (“SEC”) announced a settlement under the U.S. Foreign Corrupt Practices Act (“FCPA”) with Allianz SE (“Allianz”), the insurance company based in Germany, resulting...more

The Lilly FCPA Enforcement Action (Part III) Lessons Learned from Russia

This Part III is the final installment of my review of the Eli Lilly and Company (Lilly) FCPA enforcement action brought by the Securities and Exchange Commission (SEC). In this Part III, I will review the FCPA issues that...more

From China to Poland and Brazi l- The Lilly FCPA Enforcement Action- Part II

In Parts II and III of my review of the Eli Lilly and Company (Lilly) Foreign Corrupt Practices Act (FCPA) enforcement action brought by the Securities and Exchange Commission (SEC), I will discuss some the processes and...more

Legal Alert: FCPA Resource Guide Issued

On November 14, 2012, the Criminal Division of the United States Department of Justice ("DOJ") and the Enforcement Division of the United States Security and Exchange Commission ("SEC") issued "A Resource Guide to the U.S....more

Highlights of the Government's New FCPA Resource Guide

The United States Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") recently released the long awaited joint guidance on the Foreign Corrupt Practices Act ("FCPA") in the form of a 130 page...more

DOJ and SEC Release New FCPA Resource Guide

On November 14, 2012, the SEC and the DOJ released their long-awaited Resource Guide to the Foreign Corrupt Practices Act, which can be found here. The Resource Guide consolidates and summarizes the government’s previously...more

A Call To Arms: Conduct A Risk Assessment

The FCPA Guidance includes some important reminders for compliance practitioners. Most significantly, DOJ and SEC want companies to reinvigorate their risk assessment process. ...more

The FCPA Guidance And Voluntary Disclosures

The FCPA Guidance is an advertisement for the government’s voluntary disclosure program. DOJ and SEC repeat their message – if you voluntarily disclose, you will get a benefit. As demonstrated in the declinations, companies...more

LEGAL ALERT – Were Our Predications Correct? Reviewing DOJ’s Guidance Regarding the Foreign Corrupt Practices Act

On November 8, 2012, we opined in the Global Connection as to what to expect from the anticipated Department of Justice (DOJ) and Securities Exchange Commission (SEC) guidance in regard to the Foreign Corrupt Practices Act...more

What’s In the New FCPA Resource Guide: Some Welcome Clarity and Unexpected Muddling

Much has been said about what is missing from the new FCPA Resource Guide (the Guide) published by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). Here, we consider instead the areas in...more

What’s Not in the New FCPA Resource Guide, or Why Doing Your FCPA Homework is Still a Good Idea

Notwithstanding our overall approval of the FCPA Resource Guide (the Guide) issued by the Department of Justice (DOJ) and Securities & Exchange Commission (SEC) earlier this month, we are certainly not above a bit of...more

No More Ifs, Ands, and Buts — Anti-Corruption Compliance Now

The FCPA Guidance could not have been clearer; it could not have offered more incentives and carrots to the business community. If you adopt and implement an “effective” compliance program, you will receive significant...more

Comprehensive FCPA Guidance Provides a Roadmap for Companies to Reevaluate and Revise Their Compliance Policies By Paul E....

Originally published in The FCPA Report on November 28, 2012. On November 14, 2012, the DOJ and SEC jointly published “A Resource Guide to the U.S. Foreign Corrupt Practices Act” (Guidance), their long-awaited and...more

DOJ and SEC Release Long-Awaited FCPA Guidance

On November 14, 2012, the Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) jointly released A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Guide”). The Guide is intended to...more

Three Important Lessons from the FCPA Guidance for Pharmaceutical and Medical Device Companies

The US Chamber of Commerce “praised” the FCPA Guidance. The Chamber did not get what it wanted but it had to recognize that the FCPA Guidance was helpful for businesses. The FPCA Guidance provides important information for...more

Breakdown of FCPA Guidance

On November 14, 2012, the Criminal Division of the U.S. Department of Justice (DOJ) and the Enforcement Division of the U.S. Securities and Exchange Commission (SEC) released their much-anticipated FCPA guidance, entitled “A...more

The FCPA Guidance: Refining a Corporate Compliance Program (Part II of II)

Compliance professionals need to thank DOJ and SEC for the FCPA Guidance discussion on corporate compliance. DOJ and SEC provide important suggestions for improving compliance but they do so while reaffirming several...more

The FCPA Guidance and Compliance Programs: Leading the Charge (Part I of II)

It is interesting that the most significant advances in compliance program requirements have been developed in the context of criminal prosecutions. Maybe it is because the stakes are so high and the government’s leverage is...more

Good News, Bad News and Missed Opportunities on “Successor Liability”

The FCPA Guidance contains good news and bad news. When I ask one of my kids which they want to hear first … they inevitably choose bad news first. With that in mind, the FCPA Guidance includes relatively bad news on...more

A Clear Illustration of How HR & Employment Law Best Practices Intersect With Compliance

On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) jointly issued a guide to the Foreign Corrupt Practices Act (FCPA) titled: A Resource Guide to the U.S. Foreign Corrupt...more

Flailing at the Definition of a “Foreign Official”

Perhaps I was being overly optimistic. I thought the Justice Department and the SEC could bring a little clarity to the term “instrumentality” in the definition of a “foreign official” under the FCPA. It was wishful...more

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