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Porter Hedges LLP

Anti-Corruption Enforcement: 2023 Year-In-Review

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As we look back on the anti-corruption enforcement trends we saw in 2023, there were several key developments. The Department of Justice (“DOJ”) brought 11 enforcement actions in 2023. Only six were against companies -...more

ArentFox Schiff

How to Avoid an Independent Compliance Monitor: Lessons From the SAP Settlement

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This week, SAP SE (SAP), the German-based software company, agreed to pay over $200 million to resolve investigations by the US Department of Justice (DOJ) and US Securities and Exchange Commission (SEC) into violations of...more

The Volkov Law Group

Lessons Learned from the Albemarle FCPA Enforcement Action: Mind Your Third Parties (Part III of III)

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The Albemarle FCPA enforcement action was announced at a good time.  This year has been a slow year for DOJ’s FCPA enforcement program, although there are several months before the end of the year. The SEC, on the other hand,...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for August 2023

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Womble Bond Dickinson

Handle with Care: FCPA Travel & Hospitality Expenses

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Two recent Foreign Corrupt Practices Act (FCPA) actions – a Department of Justice (DOJ) Opinion letter and an SEC settlement – underscore key diligence questions that legal and compliance departments should address when...more

HaystackID

Compliance Programs Under the FCPA: Ways to Minimize Liability for Payments to Foreign Officials

HaystackID on

Background Note: In their analysis of the Foreign Corrupt Practices Act (FCPA), Adam Rouse, Vazantha Meyers, and Ashish Prasad emphasize the crucial role of robust compliance programs in minimizing liability associated with...more

Fisher Phillips

Deal of a Lifetime – or Jailtime and Fines? 5 Best Practices to Avoid Foreign Corrupt Practices Act Violations

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One of your employees working overseas emails you with great news – they’re about to close a $50 million sale with a new customer. They tell you everything looks great, but there’s just one thing. The local political party...more

Freeman Law

The Foreign Corrupt Practices Act

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The Foreign Corrupt Practices Act (FCPA), 15 U.S.C. §§ 78dd-1, et seq was signed into law in 1977 by President Jimmy Carter. The FCPA generally prohibits payments to foreign government officials in order to obtain or retain...more

Miller Canfield

Record Level of FCPA Enforcement in 2020 Highlights Key Risk Areas

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The year 2020 witnessed a record level of $2.78 billion in corporate fines and penalties from enforcement of the Foreign Corrupt Practices Act (FCPA) by the U.S. Department of Justice (DOJ) and the U.S. Securities and...more

ArentFox Schiff

Deutsche Bank DPA Reflects Government’s Focus on Third-Party Risk Management and Data-Driven Compliance Programs

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On January 8, 2021, US authorities announced that they reached an agreement with Deutsche Bank Aktiengesellschaft (Deutsche Bank) to resolve the government’s investigation into violations of the Foreign Corrupt Practices Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ and SEC Issue Second Edition of the FCPA Resource Guide

On July 3, 2020, the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) jointly released the second edition of the “Resource Guide to the U.S. Foreign Corrupt Practices Act,” which was...more

ArentFox Schiff

What You Should Know About the Second Edition of the DOJ’s and SEC’s FCPA Resource Guide

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The Criminal Division of the US Department of Justice (DOJ) and Enforcement Division of the US Securities and Exchange Commission (SEC) recently published its second edition of A Resource Guide to the US Foreign Corrupt...more

The Volkov Law Group

Revised FCPA Guidance: Legal Issues and Clarifications (Part IV of V)

The Volkov Law Group on

FCPA practitioners often debate whether the FCPA is “clear” or “ambiguous.”  Like all important issues in life (assuming this is important), the answer really depends on the specific language.  Congress’ ability to write...more

The Volkov Law Group

Revised FCPA Guidance: New Case Updates (Part II of V)

The Volkov Law Group on

Over the last eight years, FCPA litigation has increased.  Companies are still avoiding the risks of litigation and losing to the Justice Department and the SEC.  Individuals, on the other hand, have clear incentives to...more

The Volkov Law Group

DOJ and SEC Issue Revised FCPA Guidance (Part I of V)

The Volkov Law Group on

In the dead of night, July 2, 2020, DOJ and the SEC issued the Second Edition of its FCPA Guidance.  A comparison of the First and Second Editions was released by Dick Cassin at The FCPA Blog, and is set forth....more

Dechert LLP

DOJ and SEC Release Second Edition of FCPA Resource Guide: Key Updates and Takeaways

Dechert LLP on

...On July 3, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) published the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act. A link to the Second Edition is...more

Vinson & Elkins LLP

DOJ And The SEC Publish Long-Awaited Update To The FCPA Resource Guide

Vinson & Elkins LLP on

On July 3, 2020, the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) published the Second Edition of “FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act” (the “Guide”)....more

Morgan Lewis

DOJ and SEC Issue Long-Awaited Update to FCPA Resource Guide

Morgan Lewis on

On Friday, July 3, the US Department of Justice (DOJ) Criminal Division and the Securities and Exchange Commission (SEC) published the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act, the...more

WilmerHale

$1 Billion Ericsson Resolution, Three Jury Verdicts Cap Off Busy Fourth Quarter for US FCPA Enforcement

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On December 6, 2019, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) agreed to resolve allegations that multinational telecommunications company Telefonaktiebolaget LM Ericsson (Ericsson or...more

The Volkov Law Group

Lessons Learned and Trends from MTS FCPA Enforcement Action and Criminal Indictment of Karimova and Akhmedov (Part III of III)

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The MTS FCPA enforcement action stands as one of several significant prosecutions in FCPA history. The breadth and depth of MTS’ corruption scheme stands as another example of systemic bribery cultures. The details of the...more

The Volkov Law Group

Anatomy of MTS, Karimova and Akhmedov Bribery Scheme in Uzbekistan (Part II of III)

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The MTS bribery scandal in Uzbekistan represents the culmination of several significant FCPA violations involving VimpelCom, Telia Sonera, MTS, and Gulnara Karimova, the notoriously corrupt daughter of the former Uzbek...more

Dorsey & Whitney LLP

The FCPA and Foreign Nationals

Dorsey & Whitney LLP on

Despite the fact that the Foreign Corrupt Practices Act has been in force for decades there is relatively little case law interpreting its provisions. A great deal of the existing interpretation of the Act stems from...more

BCLP

Anti-Corruption Enforcement: Analyzing the Enforcement Approaches of the US, the UK and France

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Anti-Corruption enforcement is a top priority in France, the UK, and the US. Each of these countries has armed its enforcers with the enforcement tools necessary to investigate and prosecute corporations and individuals. Join...more

Jones Day

Anti-Corruption Regulation Survey of 41 Countries 2017–2018

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Welcome to the 2017-2018 edition of the Jones Day Anti-Corruption Regulation Survey. In 2017 and 2018 to date, there has continued to be an increasing awareness among multinational companies of the significance of...more

BakerHostetler

Foreign Corrupt Practices Act 2017 Year-End Update

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2017 marked the fortieth anniversary of the Foreign Corrupt Practices Act (FCPA), and showed continued robust enforcement against both individuals and companies by the U.S. Department of Justice (DOJ) and the U.S. Securities...more

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