Teaching the FCPA to Chinese practitioners provides quite a colorful glimpse into its real-world impact — its successes thus far, and its future prospects. The lawyers’ questions, always framed as hypotheticals, are creative to say the least.… Continue Reading
Nowhere is the difference between Clean Hands and Constructive Engagement more evident than in the central plank of the reform agenda: the good faith compliance defense.
The question is not whether the enforcement agencies might, on occasion, reward companies for compliance — that happens now.… Continue Reading
In this series’ previous installment, I argued that our doctrine of holding acquiring companies criminally liable for pre-acquisition conduct was deterring investment in developing countries. But is that really so bad?… Continue Reading
In my last post, I examined a possible reform — the expansion of personal jurisdiction — and argued that although it is supported by anti-bribery advocates, it would actually serve the interests of the U.S.… Continue Reading
In last week’s post in this series we explained that the core purpose of the FCPA is to encourage, or require, ethical international business. Indeed, we suggested that the criterion by which FCPA reform proposals should be measured is what we might call the ethical business criterion: if a proposed reform would increase the volume of ethical business in the world, it is good; if it would do the opposite, either by relaxing ethical standards or by deterring business, it is not.… Continue Reading
Serendipity is a wonderful thing. What better segue from my last posting than Wednesday’s announcement that Russia has signed the OECD Anti-Bribery Convention. This is a remarkable and important event. I hope we fully understand why.… Continue Reading
To understand where the FCPA should go from here, we need to understand where, and how, it began.
We generally think of the FCPA as a response to Watergate, and therefore designed to prevent corporations from participating in public corruption.… Continue Reading
Today the imprisoned Chinese dissident Lu Xiaobo will receive, in absentia, the Nobel Peace Prize. Predictably, China is boycotting.
Less predictably, and more noteworthy, is this: of the 65 countries invited to the ceremony (all countries with embassies in Norway), an astonishing 18 will side with China.… Continue Reading