Think about the Mexican government and likely the first word that springs to mind is "corrupt." It's an association the country is working to overcome, evidenced by the imminent implementation of a National Anti-Corruption System. The government's reputation for corruption will no doubt take years to correct, but they're on their way.
SEC enforcement actions have been on the rise for some time, a pattern that's only likely to continue given recent developments. The agency is more willing than ever to take cases to court, and last year saw the single largest whistleblower award to date. Bradley Bondi, SEC compliance and enforcement expert, outlines the agency's focus for 2015.
With the expansion of large multinational corporations into developing countries, a proliferation of global regulatory enforcement actions, including anti-bribery and anti-corruption, has risen. Executives, including general counsel, compliance and risk officers, are smart to plan in advance for potential regulatory investigations.
FCPA practitioners often focus only on DOJ enforcement issues. This article provides a deep dive into some of the key differences between DOJ enforcement of the FCPA with that of the SEC.
Mr. Spock and his pursuit of logic inform today’s blog post. Every compliance practitioner is aware of the need for a risk assessment in any best practices compliance program; whether that program is based on the US Foreign Corrupt Practices Act (FCPA), UK Bribery Act or some other compliance law or regime.
As DOJ/SEC scrutiny grows, it will be increasingly important for private equity firms to be ahead of the game with respect to portfolio compliance. Ten tips to get you on the road.
This might be the time that you consider a technological solution to help manage your FCPA anti-corruption compliance program going forward. It may be that you can come out running a more effective program, yet ultimately spend less money because you do not have to replace employees aid off during your company’s initial response to the downturn.
When building compliance programs, the best rule of thumb is to make sure that employees are not giving bribes to anyone, no matter the recipient. The potential applicability of other laws that reach commercial bribery, like the U.K. Bribery Act, also make the distinction of who is and is not a “foreign official” less important.
U.S. franchisors doing business abroad come into contact with officials of foreign governments fairly frequently - if not once they're up and running, then certainly during the startup process. Each interaction presents an opportunity for an FCPA violation. And if and when a misdeed comes to pass, who's ultimately liable? The individual with boots on the ...
FCPA enforcement has been on the rise of late, and several of the most significant enforcement actions taken in 2014 had connections to countries in the Asia-Pacific region. Wendy Wysong and her associates at Clifford Chance explore the largest and most impactful actions taken in the region this past year, with an analysis into the significance of each ...