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4 Current FCPA Enforcement Trends

Posted by - July 19, 2018
“Resources Reflect Policy” and Other Observations Michael Volkov discusses themes emerging in the DOJ’s and SEC’s enforcement of FCPA violations thus far in 2018. There are two distinct themes in FCPA enforcement: The first is consistency (i.e., that some enforcement actions are relatively consistent across the board), and, in the…
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What to Expect When You Are Expecting (to File under HSR)

Posted by - July 17, 2018
Key Details from Recent Reports Large mergers and acquisitions can be high-risk, company-changing affairs. Besides the hefty filing fee of $45,000 or more and the onerous work required to complete the form, transactions that require filing under the Hart–Scott–Rodino Antitrust Improvements Act of 1976 are, by design, required in especially important…
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One of the World’s Most Feared Enforcement Tools

Posted by - July 5, 2018
The History of FCPA Enforcement, Part 2 In Part 1 of this two-part series on the history of the enforcement of the FCPA, Anne Eberhardt discussed some of the factors that led to its creation. In this second part, she describes how the FCPA evolved into one of the most…
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How the Foreign Corrupt Practices Act Came to Be

Posted by - July 3, 2018
The History of FCPA Enforcement, Part 1 Anne Eberhardt, Senior Director at Gavin Solmonese and an expert in FCPA, forensic, compliance, fraud and corruption investigations, offers a brief history of the FCPA. In this first installment, she provides historical context for the regulation, discusses its 1977 enactment and touches on…

Crash Landing: Lessons From the Panasonic FCPA Enforcement

Posted by - June 20, 2018
Those bemoaning the lack of Foreign Corrupt Practices Act (FCPA) enforcement activity can cease. With the Dun & Bradstreet Inc. (D&B) declination in April and May’s enforcement action involving Panasonic Avionics Corporation (PAC) and its parent Panasonic Corporation (Panasonic), U.S. regulators at the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have…
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What Is the Current State of Anti-Bribery and Corruption Prosecution?

Posted by - March 23, 2018
Trump and the FCPA Instances of global corruption pepper our newspapers and news feeds. Closer to home, allegations of corruption have taken center stage in the American political landscape, and President Trump has been openly critical of the Foreign Corrupt Practices Act, leaving many in the compliance field to wonder…
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The Trump Effect on FCPA Enforcement

Posted by - October 24, 2017
As U.S. Enforcement Lags, International Attention to Domestic Corruption Takes a Front Seat Despite assurances from senior DOJ officials that the U.S. would maintain robust enforcement of the FCPA, enforcement has waned in the first eight months of the Trump presidency, with the DOJ and SEC combined announcing only four…
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How Counsel Relationships Can Increase Scrutiny

Posted by - October 3, 2017
Rethinking Independence in Internal Investigations Demonstrating and ensuring independence in internal investigations is a critical issue for corporate counsel to consider, especially when facing or anticipating parallel regulatory probes. How to properly do so is a nuanced process: as this piece explores, it is not as simple as the binary…
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Enforcement Heating up on I-9 Compliance

Posted by - September 21, 2017
Employers Face Steep Penalties Fines are going up, and courts are getting stricter regarding employment eligibility compliance. Employers who aren’t on the ball with their documentation and recordkeeping practices are at risk. Be sure to take particular note of a new version of Form I-9 that is now a requirement.  If…
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Protecting Your Corporate Culture

Posted by - September 8, 2017
The Objective of Due Diligence There is immense benefit to thoroughly vetting third parties, and it goes far beyond avoiding enforcement actions from the likes of the SEC, DOJ and other regulatory agencies. When you do business with risky suppliers and vendors domestically or abroad, you put your organization’s reputation…
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Setting the Tone: No Back Seat for the CEO

Posted by - August 24, 2017
How the CEO Can Best Support Compliance Keeping a tight rein on compliance is the name of the game for every business entity, whether early-stage, family-owned or large multinational. And – while it’s the CEO who ultimately sets the tone – the culture of compliance has a strong foundation in…
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DOJ’s Largest Health Care Fraud Enforcement Action

Posted by - August 22, 2017
Nationwide Prosecutions: “Just the Beginning” Recent DOJ and Department of Health and Human Services charges were brought against 412 defendants, across 30+ states, with defendants accused of defrauding taxpayers of approximately $1.3 billion. It’s been described as the largest health care fraud enforcement action in DOJ history. In light of…