Many readers of the Blog will be aware of the American Society of International Law, a DC-based organization with over 4000 members from over 100 countries.
ASIL sponsors events where practitioners, policymakers, and academics get together to make connections and discuss issues.… Continue Reading
The FCPA is a white-collar crime solution to a foreign policy problem.… Continue Reading
I began this series by noting that with the FCPA reform movement now in abeyance, it’s a good time to venture out. Stretch our thinking a bit, push the boundaries. Let’s reassess the problems we’re trying to solve, and how best to solve them.… Continue Reading
The passing of Labor Day marks the advent of a new season. In my new home state of Virginia, the heat has softened and the riverside trees take on a faint yellow; for our friends in the Southern Hemisphere, perhaps the winter wanes and blossoms bud.… Continue Reading
In two prior posts we observed an awkward equivocation on the question of facilitation payments, both within the OECD generally and among the convention signatories. For a discussion of the OECD Convention’s strangely evasive verbiage, see here; for variations among individual signatories, see here.… Continue Reading
We noted in the prior post that the OECD Convention is just a bit bashful on the question of facilitation payments. The text makes no mention of them, but the “Commentaries” provide that while some countries will prohibit them, in other countries criminalization “does not seem  practical or effective.” … Continue Reading
I’ve got a five-year-old daughter on a big synonym/antonym/homonym kick. If you don’t like talking about these things, you won’t like talking to her. But I love it, so let me give you a little quiz: in the FCPA context, are ‘ease’ and ‘facility’ antonyms or synonyms?… Continue Reading