Skip to content

Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Bill Steinman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Bill Steinman: How to handle mandated per diems with foreign government customers

Most FCPA Blog readers know that the FCPA contains an affirmative defense under which companies may incur expenses, such as meals or travel costs, on behalf of foreign government officials, so long as those expenses are reasonable and bona fide, and directly related to either showing off the company’s wares or executing or performing under a foreign government contract. … Continue Reading

Scholarship That Rocked The Boat

A few years ago, after a dozen or so enterprising law students asked me what FCPA-related topics were ripe for research, I answered with a post on the FCPA Blog.

My suggestions included: (1) respondeat superior—the legal doctrine imputing to corporate employers the criminal acts of employees; (2) the sad state of the Department of Justice’s Opinion Procedure Releases; and (3) the confusing condition of the FCPA’s promotional-expenses affirmative defense.… Continue Reading

Legislative Changes to the FCPA: What Can We Expect?

Michael Volkov testifies before the Senate Judiciary Committee on FCPA EnforcementBy Michael Volkov
 
At the November 30, 2010 hearing before the Senate Judiciary Committee on FCPA Enforcement, Senators Klobuchar (D-MN) and Coons (D-DE) both indicated their intent to work on modifications to the Foreign Corrupt Practices Act to address some of the concerns raised by the business community.… Continue Reading

Defending The Defense

By Thomas Fox

I want to thank Kyle Sheahen for his recent post and paper arguing that the promotional expenses defense under the FCPA is illusory. His work has stimulated a useful debate.… Continue Reading

The Law Ain’t Broke

On Monday, Kyle Sheahen told us how useless the FCPA’s two affirmative defenses are. He suggested that Congress fix the local-law and promotional-expenses defenses.

But at least two readers, one from the private sector and another from the DOJ (apparently), dissented.… Continue Reading

‘I’m Not Going To Disney Land’

There’s provocative new FCPA scholarship from Kyle Sheahen, left, UCLA Law ’10 and an incoming associate at the New York office of King & Spalding.

He told us about it in this note:

*     *     *

Dear FCPA Blog,

It’s no secret that FCPA defendants fare poorly at trial. … Continue Reading