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.
News & Analysis as of

The Attacks in Paris and AML Compliance

The attacks in Paris and subsequent events have horrified any right-minded person. The slaughter of innocent civilians sickened the world and the outpouring of support for the city of Paris; the country of France and the...more

SEC’s 2015 annual report on the Dodd-Frank whistleblower program: four points of note

The SEC’s Office of the Whistleblower has released its annual report for fiscal year 2015, reporting that it received nearly 4,000 whistleblower tips in the year ended September 30, 2015 (up from 3,620 the prior year). ...more

Claims Management Company Discloses Possible FCPA Violations

On November 9, an Atlanta-based claims management firm, disclosed that it had reported possible FCPA violations to DOJ and SEC. The company discovered the possible violations during an internal audit and has since launched an...more

Should the Definition of “Foreign Official” Matter?

FCPA practitioners are familiar with the term “public international organization” as included in the definition of “foreign official” for FCPA liability purposes but do we really know what the term means? Recent activity...more

Assistant Attorney General Caldwell Provides Insight on Corporate Compliance and the Fraud Section’s New Compliance Expert

On November 2, at a speech at the Securities Industry and Financial Markets Association (SIFMA) Compliance and Legal Society New York Regional Seminar, Assistant Attorney General Leslie Caldwell discussed compliance issues...more

Corruption Risk and Prosecution are Real and They are not Going Away

On November 11, the The Wall Street Journal ran a story with a fairly provocative headline: "U.S. Justice Department Makes Radical Shift on Foreign Bribery Enforcement." Whether DOJ is making a radical shift or not, corporate...more

DOJ, SEC Change “Cooperation Credit” Process, Add Resources to Fight Corruption

During recent speeches Deputy Attorney General Sally Yates and SEC Enforcement Division head Andrew Ceresney announced changes to the processes the DOJ and the SEC will use to decide if a company will receive “cooperation...more

Farewell to Jonah Loma and the Bookend to the Yates Memo

Jonah Lomu died this week. If you have more than a passing interest in sports, you will recognize Lomu as one of the very few game-changers in a sport, his being rugby. I do not pretend to understand the sport very well...more

China Regulatory Enforcement Quarterly - Q3 2015

On August 12, a series of explosions in the northern port-city of Tianjin killed over one hundred people and injured hundreds of others. The explosions were allegedly caused by hazardous chemical materials in shipping...more

So You Want to Accept That Board Position? One More Reason to Pause: Directors Can Be Personally Liable Under Sarbanes-Oxley and...

On October 23, 2015, in a suit filed by Bio-Rad’s former general counsel Sanford Wadler, the United States District Court for the Northern District of California issued a decision granting in part and denying in part...more

The SEC and DOJ Discuss Self-Reporting – Cooperation

Self-reporting and cooperation were key topics for the SEC and the DOJ in recent remarks at an FCPA conference. SEC Enforcement Director Andrew Ceresney, and Assistant Attorney General Leslie Caldwell both addressed American...more

SEC Says Self-Reporting Required for Deferred Prosecution or Non-Prosecution Agreement

At a recent conference focused on FCPA matters, Andrew Ceresney, Director, SEC Division of Enforcement, focused on the benefits of self-reporting and cooperating with the SEC on FCPA matters. Mr. Ceresney noted that the...more

Compliance Counsel Metrics – Part IV: Third Party Management

Today, I conclude my exploration of the new Department of Justice (DOJ) Compliance Counsel and the metrics laid out by Assistant Attorney General Leslie R. Caldwell who called for her review of compliance programs. The...more

FCPA Enforcement — Corporate Crime and Punishment

The Justice Department’s reexamination of corporate incentives to disclose violations appears to be in reaction to the steady escalation of cooperation requirements. In response to these extra burdens, DOJ could be concerned...more

A New FCPA Policy May Be Coming, but Questions Remain

Just a week after the U.S. Department of Justice (DOJ) introduced its new Compliance Counsel, and just a month after the DOJ issued the “Yates memo,” it is now being reported that the DOJ is considering a new policy that...more

Compliance Counsel Metrics – Part III: Program Evolution and Incentivizing Compliance

Today, we continue our exploration of the new Department of Justice (DOJ) Compliance Counsel and the metrics laid out by Assistant Attorney General Leslie R. Caldwell who called for her review of compliance programs. These...more

Resetting FCPA Prosecution Policies

Recent press reports suggest that the Justice Department is reconsidering its FCPA criminal prosecution policies, particularly with respect to corporate defendants.  As reported, DOJ is considering defining and increasing...more

The Schrems Decision: How the End of Safe Harbor Affects Your FCPA Compliance Plan

Like a needle to a balloon, the Schrems decision has drastically altered the data privacy landscape. Who is affected? Everyone – consumers, corporations, employees. But who needs to take action? Any company with offices in...more

DOJ Appoints New Compliance Expert

The United States Department of Justice (DOJ) has appointed Hui Chen, former head of compliance for Standard Chartered Bank and ex-assistant General Counsel at Pfizer, Inc., as its fraud section’s compliance expert. Chen will...more

Top Ten International Anti-Corruption Developments for October 2015

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month with links to primary...more

Clean Hands, Smart Deals: A primer on complying with foreign anti-bribery laws

With the approaching financial year-end and the consequences of external audits, along with the new and increased risk of individual liability executives face in light of the recent Department of Justice “Yates Memorandum”,...more

Compliance Counsel Metrics – Part II: Policies, Procedures and Their Communication

Today, we continue our exploration of the new Department of Justice (DOJ) Compliance Counsel and the metrics laid out by Assistant Attorney General Leslie R Caldwell who called for her review of compliance programs. Today we...more

The Petrobras Scandal Reaches Into Texas

As Houston is still the epicenter of the Foreign Corrupt Practices Act (FCPA) enforcement world, it is probably not too surprising that the Petrobras scandal has reached the Lone Star state. This week there were two reports...more

A Philosopher’s Guide to Compliance

One of my favorite weekly reads is the Texas Lawyer Candid Mentor column by Michael P. Maslanka. He recently did an article, entitled “Applying Ancient Wisdom to Modern Problems”, where he channeled some very ancient wisdom...more

5 Unintended Consequences of Growth-Minded Companies: And What it Means for Compliance Departments

The vast majority of workers, managers, and company executives want to work for ethical organizations, and want to grow in responsible and sustainable ways. This is a given, and yet scandals like Volkswagen and Valeant...more

1,643 Results
View per page
Page: of 66

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.