One of my favorite words in the context of Foreign Corrupt Practices Act (FCPA) enforcement is dis-link. It a useful adjective in explaining how certain conduct by a company must be separated from the winning of business and more broadly it works on many different levels when discussing the FCPA. This concept of dis-linking was most prominently laid out in Opinion Release 14-02 (14-02). It provided one of the most concrete statements from the DOJ on the unidimensional nature of compliance in the mergers and acquisition context; both See more +
One of my favorite words in the context of Foreign Corrupt Practices Act (FCPA) enforcement is dis-link. It a useful adjective in explaining how certain conduct by a company must be separated from the winning of business and more broadly it works on many different levels when discussing the FCPA. This concept of dis-linking was most prominently laid out in Opinion Release 14-02 (14-02). It provided one of the most concrete statements from the DOJ on the unidimensional nature of compliance in the mergers and acquisition context; both in the pre-acquisition and post-acquisition phases. See less -