News & Analysis as of

The Foreign Corrupt Practices Act

The Foreign Corrupt Practices Act is a United States Federal law enacted in 1974 to create transparency and prevent bribery for U.S.-based corporations conducting business overseas.

This Week in FCPA-Episode 58, the Declination Edition

by Thomas Fox on

After last week’s guest announcers, Jay and I return for a wide-ranging discussion on some of the week’s top compliance related stories, including: 1. The first Declination of the Session’s Justice Department, Linde gas....more

FCPA Compliance Challenges & New Lines of Defense

In part one of a two part interview, Joe Spinelli, Senior Managing Director, Kroll, addresses the recent Kroll-Ethisphere Anti-Bribery and Corruption Benchmarking Report. In this interview Joe focuses on: *The need and...more

Has the FCPA changed the US business culture?

by Thomas Fox on

In the early 70’s the Lockheed corruption scandals came into light. Millions of dollars had been paid by the US aircraft corporation to public officials to guarantee contracts for military aircraft in Germany, Italy, Japan,...more

Gas Company Receives First Declination of 2017 Under FCPA Pilot Program

by Holland & Knight LLP on

The U.S. Department of Justice (DOJ) on June 16, 2017, announced its first declination of 2017 and the closing of its investigation of Linde North America Inc. and Linde Gas North America LLC (collectively, Linde) concerning...more

First Trump Administration FCPA Resolution is Tender not Tough

by Bryan Cave on

DC Partner Mark Sere and DC Senior Associate Kristin Robinson have presented a webinar providing a mid-year update on the FCPA. In it, Mark and Kristin read the tea leaves on whether the Trump Administration was going to be...more

The PCAOB, Audits, and Compliance - Considerations for the Chief Compliance Officer

by Thomas Fox on

I recently had the chance to visit with Joe Howell, the Executive Vice President of Workiva LLC, to discuss, among other things, the function of the Public Companies Accounting Oversight Board (PCAOB) and what role it might...more

Sgt. Peppers at 50: She’s Leaving Home and Barclays Bank

by Thomas Fox on

It has unquestionably been a difficult year for Barclays. Whether any of its former executives will face any jail time for their actions back in the 2008 financial crisis is an open question. As for current bank chief Staley,...more

FCPA Compliance Training That's About the 'What Happens' at the Front-lines

Building on an impactful internal program developed and produced with Mastercard, this anti-bribery training film depicts real-world events that ultimately led to my pleading guilty to FCPA offenses. Keith Slotter, former...more

Delaware Chancery Court Dismisses Caremark Claim For Failure To Adequately Allege That The Board Consciously Disregarded FCPA...

by Shearman & Sterling LLP on

On June 16, 2017, Vice Chancellor Tamika Montgomery-Reeves of the Delaware Court of Chancery dismissed breach of fiduciary duty and other claims brought derivatively against the directors and former chief financial officer of...more

Anti-Corruption Diligence in the M&A Context

A successful merger or acquisition requires careful consideration of many components and diligence in a number of specialties. Corruption issues, generally, and the global reach of the Foreign Corrupt Practices Act and the...more

Complex FCPA Plea Agreement Gives Federal Court Pause

by Fox Rothschild LLP on

On June 16, 2016, Teva Pharmaceutical’s Russian subsidiary (Teva LLC) pled guilty to one count of conspiring to violate the Foreign Corrupt Practices Act (FCPA). Judge Kathleen M. Williams of the United States District Court...more

Day 14 of One Month to Better Investigations and Reporting-Miranda and Internal Investigations

by Thomas Fox on

Must an investigator warn an employee that concealing information from company lawyers conducting an internal FCPA investigation could be a federal crime? Even if the company attorneys handling the investigation provided the...more

Mainbrace: June 2017 (No. 3)

by Blank Rome LLP on

Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments...more

Learn from History or Repeat It: FCPA 2016 in Review

by NAVEX Global on

We have never seen, and may well never see again, a year of FCPA corporate enforcements as we did in 2016. Combined, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) initiated 27 corporate...more

Update on Regulatory Compliance in the Global Health Care Industry

by Baker Ober Health Law on

A comprehensive understanding of the constantly evolving layers that make up federal anti-corruption statutes, sanctions regulations and export control restrictions is imperative for both the pharmaceutical and health care...more

This Week in FCPA-Episode 57, the Father’s Day Edition

by Thomas Fox on

This week, as their tribute to their Dad, we are guest hosted by Jay’s daughters, Millie and Michela. They lead us through a wide-ranging discussion on some of the week’s top compliance related stories, including: 1. The...more

FCPA: 2017 Mid-Year Review Webinar

by Bryan Cave on

Enforcement of the Foreign Corrupt Practices Act was a high priority for the Department of Justice and the Securities and Exchange Commission in 2016. There's interest in how the new administration could impact enforcement as...more

What Can We Tell About the Trump Administration’s Focus on Compliance?

There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance,” as our colleague Jane Lewis-Raymond put it recently on this blog. But after the first four months of his...more

FCPA Compliance Report-Episode 334, Lauren Briggerman

by Thomas Fox on

In this episode, I visit with Lauren Briggerman, a member at the firm of Miller & Chevalier. She discusses the latest edition of the firm newsletter, Executives at Risk: Navigating Individual Exposure in Government...more

Day 11 of One Month to Better Investigations and Reporting-Investigative Challenges

by Thomas Fox on

Today, I want to consider some of the challenges you may well face during an investigation. I am once again joined by Jonathan Marks, a partner at Marcum LLP and well-known investigations expert. Beyond the basics, a company...more

Does Obeying the FCPA Hurt Your Recruiting?

by Thomas Fox on

Imagine your company has gone through a Foreign Corrupt Practices Act (FCPA) investigation. As you near the end of the investigative phase and move into the enforcement phase, you tell the government that you have terminated...more

In Rare Victory for Corporations, Supreme Court Limits SEC Power with Significant Implications for FCPA Settlements

by Blank Rome LLP on

Action Item: Last week’s Supreme Court of the United States decision in Kokesh v. SEC will significantly limit the Securities and Exchange Commission’s (“SEC”) ability to collect disgorgement for violations of the Foreign...more

One Month to Better Investigations and Reporting-Day 10-Best Practices in a Cross-Border Investigation

by Thomas Fox on

Description: Mara Senn and a colleague, Michelle Albert, published in the FCPA Report, Volume 3, Number 1, entitled “Internal Investigations, How to Conduct an Anti-Corruption Investigation: Developing and Implementing the...more

Compliance Report-International Edition, Luciana Silveira Effect of FCPA on International Trade

by Thomas Fox on

In this episode I visit with Luciana Silveira, a PhD candidate who is studying the FCPA and it is has affected did trade flows. Some of the questions she is considering include the following: Was US business abroad affected?...more

Day 8 of One Month to Better Investigations and Reporting Day 8-Preparing for the Investigation

by Thomas Fox on

Properly Scoped Investigation by Qualified Personnel – How has the company ensured that the investigations have been properly scoped, and were independent, objective, appropriately conducted, and properly documented? These...more

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