Advice of Counsel: An Effective Shield

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2 Responses

  1. Jon May says:

    Thank you Michael. Now I have to scrap the draft of my post on the Advice of Counsel Defense in FCPA investigations. You are absolutely correct, or course. Companies must document advice received in the course of compliance regardless of whether they choose to disclose it. It is a very powerful defense that in the right case can save the day. But blessing compliance may be the easy case. What if the company seeks to engage in conduct that counsel knows DOJ would not permit but which counsel believes is perfectly legal under the statute. How do you play that?

  1. May 15, 2012

    […] The FCPAProfessor continues to needle Mark Mendelsohn and responds to Howard Sklar. Mike Volkov recommends an “advice of counsel” provision in a company compliance program. The FCPAmericas blog notices […]