FCPA, UK Bribery Act | JD Supra Law News

The Drugstore Cowboy And Compliance

by Thomas Fox on 5/20/2013

One does not have to look very far in the business world to come across the phrase “Know Your Customer.” A company certainly needs to know if an entity that it may sell products or provide services to will pay for those...more

CIS Legal Update - May 2013: Measures Taken to Strengthen Russian Anti-Corruption Laws

by Laura Brank, Olga Watson, Jeremy Zucker | Dechert LLP on 5/14/2013

Despite Russia’s reputation for corruption, the anti-bribery climate in Russia is evolving. A recent flurry of anti-bribery legislation, as well as Russia’s ratification of the OECD Convention on Combating Bribery of Foreign...more

Four Key Board Responsibilities for Monitoring Risk and Compliance

by NAVEX Global on 5/13/2013

Introduction: High Pressure Regulatory Environment - Now more than ever, there is increased regulatory pressure on organizations – and their Boards of Directors – to create and maintain effective ethics and compliance...more

Preventing Corruption While Protecting Personal Information

by Suhna Pierce, Ruti Smithline, Marian Waldmann | Morrison & Foerster LLP on 5/6/2013

Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country...more

Russia Amends Anti-Corruption Law to Require Affirmative Anti-Corruption Compliance Measures

by William Semins, Denise N. Yasinow | K&L Gates LLP on 5/3/2013

On January 1, 2013, Russia implemented an amendment to its anti-corruption laws that appears to go beyond the reach of both the U.S. Foreign Corrupt Practices Act (“FCPA”) and the U.K. Bribery Act (“UKBA”) to the extent it...more

My FCPA And Bribery Act Musings Continue

by Thomas Fox on 4/29/2013

This past week, my second book, “Best Practices Under the FCPA and Bribery Act” was released. Over the past few years I have tried to provide the compliance practitioner with solid information that can be used to implement,...more

Anti-Corruption Law And The Oil And Gas Industry: Evolutions In Both Demand Vigilance

by William Liess, Omar McNeill, Gregory Paw | Pepper Hamilton LLP on 4/16/2013

Businesses in the oil and gas industry are cautioned to pay careful attention to evolutions in anti-corruption law in the jurisdictions where they operate. The U.S. government has successfully enforced the Foreign Corrupt...more

In The Limelight - The Theater, Lady Gaga And Compliance

by Thomas Fox on 4/16/2013

What is your favorite Canadian group? For my money it is the band Rush. My favorite Rush song is probably “Limelight”. How many times have you heard about ‘being in the limelight’? The phrase comes from the British theater...more

Anti-Corruption: Effective Compliance Begins with the Assessment of Risks

by Soren Lindstrom, Matt T. Morley, Amy Sommers | K&L Gates LLP on 4/11/2013

Virtually every authoritative source of guidance on effective anti-corruption compliance emphasizes the importance of conducting a company-wide “risk assessment.” For example, U.S. authorities have stressed with regard to the...more

Dow Jones’ Anti-Corruption Survey: Key Findings

by Simmi Singh Corcoran | NAVEX Global on 4/5/2013

During the past few years, there has continued to be a shift in the amount of attention companies are putting towards corruption concerns and anti-corruption programs. This is evident in the recent survey of 311 compliance...more

What is Risk? Compliance Lessons from the Senate Hearing On the Whale

by Thomas Fox on 4/5/2013

What is risk? Under the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act risk is generally doing business in a non-compliant manner under these laws, where such action can increase the possibility of engaging in or...more

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

FCPA Snapshot – 2012

by Victoria R. Danta, William H. Devaney, Jan Lawrence Handzlik, Lindsay B. Meyer, Robert Meyerhoff | Venable LLP on 4/3/2013

In 2012, DOJ and the SEC brought 25 new Foreign Corrupt Practices Act (“FCPA”) enforcement actions, a significant decrease from the number of FCPA enforcement actions brought in 2011 (45) and the prolific 2010 (71). However,...more

Global HR Hot Topic - April 2013: Internal Investigations in Overseas Workplaces

by Donald C. Dowling, Jr. | White & Case LLP on 4/2/2013

Challenge: In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected...more

How to Introduce Innovation in Your Compliance Program

by Thomas Fox on 4/2/2013

News Flash: Houston Astros Lead AL in Wins! In case you were too worn out from this weekend’s college basketball tournament bonanza, both the men’s and women’s, to stay up on Sunday night and watch ESPN; the Houston...more

Facilitation Payments: An Intractable Problem?

by Michael Volkov on 3/26/2013

It sounds easy on paper. A company announces that it has banned all facilitation payments. It is a worthy goal. It sounds admirable. The FCPA permits facilitation payments. The UK Bribery Act prohibits facilitation...more

Don’t Spread Your Compliance Program Too Thin

by Thomas Fox on 3/25/2013

“You do not want to be spread too thin”. When I heard that phrase a light bulb went off inside my head. It was uttered to me by Jan Farley, the Chief Compliance Officer (CCO) of Dresser-Rand. I asked Jan what he meant by the...more

Distribution in China – Legal Issues Part IV. Drafting the Distribution Contract

by John Huang, Kevin Qian, Frank Schoneveld | McDermott Will & Emery on 3/21/2013

“Distribution in China – Legal Issues” is a four-part series. Part I discussed the business models and legal structures most commonly used for distribution in China. Part II looked at important issues to consider in the...more

An Oscar Winner for Compliance

by Thomas Fox on 3/18/2013

Ben Affleck has certainly had his share of ups and downs in his professional career. He shared an Oscar for Best Original Screenplay for Good Will Hunting with his fellow Bostonian buddy Matt Damon at age 25. Thereafter...more

Distribution in China – Legal Issues Part III. Pre-Contract Matters

by John Huang, Kevin Qian | McDermott Will & Emery on 3/7/2013

McDermott Will & Emery has a strategic alliance with MWE China Law Offices, a separate law firm based in Shanghai. "Distribution in China – Legal Issues” is a four-part series. Part I discussed the business models...more

Avoiding (But Not Hiding From) Third-Party Corruption Risks

by Carl Loewenson, Jr. | Morrison & Foerster LLP on 3/7/2013

When entering new markets, it is common for companies to seek out and rely on local contacts to help navigate market structures and cultural issues. In some instances it is practically impossible—if not illegal—for a company...more

Manti Te’o and a Second Set of Eyes

by Thomas Fox on 3/4/2013

One of the strangest news stories over the past couple of months has been the Manti Te’o story. For those few people who have not heard the story, Te’o was fooled (or not) into believing that he was in an online relationship...more

Doing Business In Italy - Step Up Your FCPA Compliance Now

by Thomas Fox on 2/18/2013

Former Italian Prime Minister Silvio Berlusconi is no stranger to scandal and controversial statements, but lately his words and actions seem to be providing cause for concern outside of the European Union....more

Happy Birthday FT and Welcome Hanson Wade

by Thomas Fox on 2/14/2013

Yesterday celebrated an auspicious anniversary as it was the 125th anniversary of the British newspaper, the Financial Times (FT), its first issue having been delivered on February 13, 1888. In England, and across the world,...more

Socio-Economic and Cultural Risk Factors That Drive Corruption: A Focus on the ‘Supply Side’ of the Equation

by Thomas Fox on 2/6/2013

This is the last installment of my three party series regarding Occupational Fraud. One can never lose focus on what I consider the key question as they enter or play within the international arena: What are the...more

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The Foreign Corrupt Practices Act › UK Bribery Act