News & Analysis as of

Distributors Securities and Exchange Commission (SEC) Foreign Corrupt Practices Act (FCPA)

NAVEX

What a New SEC Enforcement Sweep Is Really Telling Us

NAVEX on

Attention all compliance officers at large technology companies – have you checked your mail lately? Because you might find a letter from the Securities and Exchange Commission with FCPA risk written all over it....more

The Volkov Law Group

2019 OFAC Sanctions Enforcement Review (Part I of II)

The Volkov Law Group on

While DOJ had its biggest year in FCPA enforcement, OFAC quietly had a record year in enforcement.  OFAC collected approximately $1.28 billion (yes, with a B) in 26 separate enforcement actions.  That is quite an increase...more

Eversheds Sutherland (US) LLP

Legal privilege of corporate internal investigations under US law - 2019 caselaw update

Understanding the boundaries of legal privilege in corporate internal investigations is critical. When counsel, either internal or external, misunderstands these boundaries, the result can be disastrous....more

Dorsey & Whitney LLP

SEC Settles FCPA Charges Tied to Payments to Health Care Professionals

Dorsey & Whitney LLP on

The SEC filed another settled action in which payments to health care professionals at state owned entities in China were alleged to be violations of the Foreign Corrupt Practices Act. Although the company furnished extensive...more

The Volkov Law Group

Integrating and Training Your Agents and Distributors (Part II of IV)

The Volkov Law Group on

The Department of Justice and the SEC know they can push companies to expand and improve their anti-corruption compliance programs. They are well aware that the requirements set forth in their settlement documents, as well as...more

Thomas Fox - Compliance Evangelist

Distributors under the FCPA – Post Game Wrap Up

This week we have focused on distributors and how a company might think through ranking the risk, performing due diligence on and, finally, how to manage distributors going forward. This was spurred on by a discussion that...more

Thomas Fox - Compliance Evangelist

What Enforcement Actions Based On Distributor Conduct Teach About Improving FCPA Compliance Programs

Ed. Note-today we have a guest post by our colleague, William C. Athanas, a partner in the law firm of Waller Lansden Dortch & Davis, LLP. In the prior two posts, David Simon and myself posited different approaches to...more

Thomas Fox - Compliance Evangelist

Distributors Should Be Analyzed As Any Other Third Party Representative in the Sales Chain

Ed. Note-David Simon is a partner at Foley and Lardner and Bill Athanas is a partner at Waller Lansden Dortch & Davis, LLP. Both have practices which include FCPA compliance. After my recent post on distributors under the...more

Thomas Fox - Compliance Evangelist

Distributors under the FCPA

If there was ever a question that distributors were covered under the Foreign Corrupt Practices Act (FCPA), in 2012, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) made it emphatically clear that...more

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