FCPA

Disentangling the Growing FCPA Web

Enacted in 1977, the Foreign Corrupt Practices Act (“FCPA”) prohibits the bribing of foreign officials for the purposes of obtaining or retaining business.  The FCPA has an extremely broad reach, allowing the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) to bring claims against any publicly-traded companies and their officers, directors, employees, […]

LEAVE A COMMENT :: TAGS , ,
POSTED IN Litigation, SEC Investigations

The New E.U. Rules on Data Privacy May Cause Conflict with the U.S.

In January, the European Union (E.U.) proposed a new regulation on data protection. Although the E.U. proposal is years away from being finalized, the fundamental differences in how Europe and the U.S. think about privacy have caused heated debate.  Investigations that require the collection of data, such as potential violations of the Federal Corruption Practices […]

1 COMMENT :: TAGS , ,
POSTED IN Comparative Law

Anticipating Prosecution Under the Bribery Act

Last week, the Director of Britain’s Serious Fraud Office (the “SFO”) emphasized that enforcement of the Bribery Act 2010 (the “Act”) is looming: [W]e are already using compulsory powers in a number of cases. The cases that we are looking at are the biggest and most complex and so will take time to develop but it […]

LEAVE A COMMENT :: TAGS , ,
POSTED IN Comparative Law

Balancing Risk & Opportunity in Brazil Under the FCPA

With the rise of global capital and cross border transactions, the Foreign Corrupt Practices Act (“FCPA”) has become an increasingly important enforcement mechanism in the compliance regime. The FCPA, enacted in 1977 to curtail the widespread bribery of foreign officials by U.S. companies, now extends to foreign companies that issue shares or American Depository Receipts […]

1 COMMENT :: TAGS ,
POSTED IN Corporate Governance, Mergers & Acquisitions

Big Money Riding on the Interpretation of a Single Word in FCPA

From the Wall Street Journal’s Corruption Currents blog: U.S. District Judge A. Howard Matz rejected arguments this week in Los Angeles that employees of a state-owned electric utility in Mexico fall outside the scope of the Foreign Corrupt Practices Act (FCPA). The FCPA is a 1977 federal law that bans corporations from offering bribes to […]

LEAVE A COMMENT :: TAGS ,
POSTED IN Corporate Law

- Fordham Corporate Center