A hot topic of late is what impact Wal-Mart’s FCPA scrutiny will have on FCPA reform efforts. Mike Koehler takes a look at what major players are saying.
Ignorance Is Not Bliss: Using D&O Insurance Applications to get to Corporate Compliance
Corporate compliance is nothing new. However, for smaller companies, the process of establishing a corporate compliance program may seem daunting, and keeping it current may seem impossible. We suggest that applications for directors & officers (D&O) insurance are a good place to start.
An Important FCPA Case You’ve Likely Never Heard About
FCPA professor Mike Koehler reviews the U.S. v. Alfredo Duran case.
Cobalt Experiences The Front Page Effect As Well
This article was reprinted with permission from FCPA Professor. Wal-Mart’s stock is not alone in experiencing a wild ride based on recent front-page news coverage of FCPA issues. Last week, Cobalt International, a Houston-based oil exploration and production company, experienced a wild ride as well. On Friday, April 13th, Cobalt’s shares closed at $28.38. On Sunday, April 15th, the Financial Times (FT) published two articles: “Spotlight Falls [...]
Wal-Mart’s Bribery Allegations in Mexico: Insights into Specific Corruption Risks
What is the anti-corruption compliance professional to make of all of this? Matteson Ellis lists eight risk indicators suggested by the Wal-Mart de Mexico matter.
Does Wal-Mart Have a Facilitation Payment Exception to the FCPA?
In this article Thomas Fox visits the text of the FCPA and other Department of Justice (DOJ) commentary, some enforcement actions, one open investigation involving alleged facilitation payments and offer some guidance to the compliance practitioner on what may or may not constitute a facilitation payment under the FCPA.
Wal-Mart’s Bribery Allegations in Mexico: Notable FCPA Aspects of the NYT Exposé
FCPA attorney Matteson Ellis highlights four of the general FCPA issues worth noting in Wal-Mart’s Mexico bribery allegations.
New Risk Management Solutions
In the face of a recent campaign for better corporate governance being conducted with fierce efficiency by the Securities Exchange Commission (SEC) and the Department of Justice (DOJ), many companies have had to dole out massive expenditures on conducting internal investigations into potential Foreign Corrupt Practices Act (FCPA) violations, a trend which is only anticipated [...]
The Missing Topic on Your M&A Due Diligence Checklist: Export/Import Compliance
After discussing the importance of incorporating export and import compliance into the M&A due diligence process, Doreen Edelson of BakerDonelson provides a list of some import and export topics to include in your process.
Analyzing Wal-Mart’s Alleged Corruption in Mexico
April 24, 2012 by 1 Comment
This article was reprinted with permission from FCPA Professor. Two days ago I discussed The New York Times’ lengthy Wal-Mart investigative piece published over the weekend. Today I’ll analyze the likely issues and the road ahead. The Times article is both unremarkable and remarkable at the same time. The unremarkable portion of The Times article is that a foreign subsidiary of a multi-national company [...]
