Many an in-house compliance professional has spent a weekend (or ten) consumed with handling the tricky questions presented when an employee finds themselves incarcerated in one emerging market or another. It is unclear, especially at first, whether the arrest was justified in most cases.… Continue Reading
Posts Tagged: Opinion Procedure Release
On January 21, the Department of Justice issued a new Opinion Procedure Release addressing a terrible situation – a company employee faces physical harm or duress in a foreign jurisdiction, and the only way to help them is to pay a bribe.… Continue Reading
The SEC guards the integrity of U.S. markets and protects investors by requiring issuers to disclose material information about themselves and their directors and officers. However, the SEC doesn’t tell anyone what to say or how to say it.… Continue Reading
We at the FCPA Blog are long overdue in recognizing the new resource that is the Global Anticorruption Blog. With my colleague in the legal academy, Harvard Law professor Matthew Stephenson, at the helm, GAB analyzes corruption law issues with uncommon intellectual rigor.… Continue Reading
Recently, I had the good fortune of hearing a partner from a leading FCPA practice discuss JP Morgan’s hiring of Chinese princelings.
Although this conduct had always seemed to me a FCPA violation, it occurred to me at that moment that I wasn’t sure exactly how it violated the FCPA. … Continue Reading
The opinion request came from “a United States financial services company and investment bank,” the DOJ said.… Continue Reading
On December 19, the Justice Department published FCPA Opinion Procedure Release No. 13-01, ruling that a law firm partner could pay some medical expenses of foreign official’s daughter.
The lawyer’s firm billed the foreign country over $2 million for the past 18 months, and expects to bill the same amount in 2014.… Continue Reading
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
In its first FCPA Opinion Procedure Release of 2011, the DOJ confirmed what should be obvious — that the promotional expenses affirmative defense can be used to pay travel expenses of government officials who are being shown a company’s products.… Continue Reading
Hughes Hubbard’s annual FCPA reviews are new kids on the block. But we don’t know a better source for FCPA and compliance-related information.
In his testimony last week before the House committee investigating the FCPA, former U.S. Attorney General Michael Mukasey (left) proposed improving the procedures for federal guidance and advisory opinions. He said the current practice is inadequate and little used. … Continue Reading