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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

Posts Tagged: Joint Ventures

Fearing Third Parties

U.S. executives know that most Foreign Corrupt Practices Act compliance risks come from third parties — overseas acquisition targets, joint venture partners, agents and others. Despite that knowledge, about three quarters of them think their company’s due diligence of intermediaries isn’t working.… Continue Reading

Use It Or Lose It

We always enjoy it when Pete from DC drops by the blog. He’s a veteran compliance professional and thinks deep thoughts about the Foreign Corrupt Practices Act. Lately, he told us, he’s been thinking about audit rights — the kind mentioned in our recent post about joint ventures.Continue Reading

Business Down, Compliance Risks Up

When times are tough and markets shrink, new international joint ventures sprout up everywhere. They’re a fast and inexpensive way to expand commercial reach. JVs formed out of economic necessity often bring together companies that in good times are competitors.… Continue Reading

A Public Test For GE’s Compliance Program

The Corporate Crime Reporter (CCR) has a story here about a Sarbanes Oxley whistleblower complaint filed against General Electric by former in-house counsel, Adriana Koeck. She says she was fired from GE for reporting fraud in Brazil to her superiors, including alleged tax cheating and potential violations of the Foreign Corrupt Practices Act.… Continue Reading

Why We Keep Plugging

It’s a familiar and unwelcome moment. Those on the other side of the table spot the FCPA compliance language for the first time:

The joint venture and all its personnel shall comply in all respects with the requirements of the United States Foreign Corrupt Practices Act.

Continue Reading

終了すると極端な偏見

That’s right. The title of today’s post says in Japanese, Terminate With Extreme Prejudice. Why? Well, we were spending just a few minutes surfing the internet (only during our company-approved tea break, of course) and happened to see the following news item from Japan’s Yomiuri Shimbun (here):

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U.S.Continue Reading

A Little Help From Our Friends

Our subject is always some aspect of the the Foreign Corrupt Practices Act. So around here the U.S. Department of Justice and the Securities and Exchange Commission get lots of attention.… Continue Reading

A Straight Shot At FCPA Compliance

Question: What essential aspect of FCPA compliance is also the toughest for organizations to come by? Here’s a hint. It’s what made the man on the left, Ben Hogan, the greatest golfer of his day.Continue Reading

FCPA Release 08-01 Goes The Distance

The first Foreign Corrupt Practices Act Opinion Procedure Release of 2008 is out. It’s the longest Release we know of — just over twelve pages, and packed with details. It tells of a proposed investment in an overseas privatization, a raft of due diligence, tough and prolonged negotiations, yet more due diligence, and a final victory for compliance.… Continue Reading

Joint Venture Compliance

International joint ventures bring very high risks under the U.S. Foreign Corrupt Practices Act. Unreliable partners — those who might pay bribes to foreign officials to help the business — need to be spotted early and either avoided or controlled.… Continue Reading

With Friends Like These . . . .

The U.S. Foreign Corrupt Practices Act prohibits both direct and indirect corrupt payments to foreign officials. Indirect payments typically pass through the hands of an overseas partner or agent, then end up with the foreign official for an unlawful purpose.… Continue Reading

FCPA Defenses That Don’t Work

The text of the Foreign Corrupt Practices Act sets out three types of payments to foreign officials that are lawful — facilitating payments, promotional expenses and payments permitted under the written laws of the host country.… Continue Reading