Tagged: Revised FCPA Guidance

Episode 151 — Tom Fox and Michael Volkov Discuss the Revised FCPA Guidance

On July 2, 2020, DOJ and the SEC issued revised FCPA Guidance.  The Revised Guidance continues to be a valuable document, which contains important discussions of relevant cases, DOJ and SEC policies, and enforcement principles relating to the FCPA. In this Episode, Tom Fox and Michael Volkov discuss the Revised FCPA Guidance and highlight important changes and trends.

Revised FCPA Guidance: Legal Issues and Clarifications (Part IV of V)

FCPA practitioners often debate whether the FCPA is “clear” or “ambiguous.”  Like all important issues in life (assuming this is important), the answer really depends on the specific language.  Congress’ ability to write clear and concise statutes varies across the lot, and the FCPA includes provisions that are clear and some that, depending on the situation, may not be.  The Revised FCPA Guidance addresses a...

Revised FCPA Guidance: Updated DOJ Policies (Part III of V)

The Justice Department has continued at a steady rate to tweak relevant policies applicable to FCPA enforcement.  The Revised FCPA Guidance has incorporated these policies. FCPA Corporate Enforcement Policy and Declinations (pp. 51-54) The FCPA Corporate Enforcement Policy is quickly becoming “a well-established” framework.  DOJ has expanded it to cover all corporate criminal resolutions except for criminal antitrust violations. The FCPA Corporate Enforcement Policy (“CEP”)...

Revised FCPA Guidance: New Case Updates (Part II of V)

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:...

DOJ and SEC Issue Revised FCPA Guidance (Part I of V)

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. ...