DOJ and the SEC have provided unprecedented compliance guidance and information.  DOJ has established itself as the preeminent leader in advancing ethics and compliance programs, best practices and innovations.  No agency or global organization has had such a dramatic impact on the improvement of corporate compliance programs. To be sure, DOJ and the SEC have a two-prong strategy – first and most important, DOJ and...

Over the last eight years, FCPA litigation has increased.  Companies are still avoiding the risks of litigation and losing to the Justice Department and the SEC.  Individuals, on the other hand, have clear incentives to challenge DOJ’s FCPA interpretations, where appropriate, and they have done so. The Revised FCPA Guidance incorporates these new cases throughout the text and its numerous footnotes.  The major additions include:...

In the dead of night, July 2, 2020, DOJ and the SEC issued the Second Edition of its FCPA Guidance (Here).  A comparison of the First and Second Editions was released by Dick Cassin at The FCPA Blog, and is set forth here. Given the importance of the revised FCPA Guidance, we have scheduled a webinar for Tuesday, July 14, 2020 at 12 noon EST. ...

The FCPA Guidance continues to inform compliance practitioners on compliance best practices. Issued in 2012, the FCPA Guidance provides important information concerning a number of compliance functions and risks.  The FCPA Guidance includes important discussions about legal intent, due diligence, successor liability and other issues, which can be used to establish important safe harbors for an effective ethics and compliance program. In this episode, Michael...