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