Foreign Corrupt Practices Act

Monday, November 15, 2004

About

Investigations into alleged violations of the U.S. Foreign Corrupt Practices Act are on the rise.

While the FCPA has always proved challenging for companies doing business abroad, international cooperation that did not exist until recently has given enforcement agencies the necessary tools to probe for corruption on a large scale. This cooperation has also led to legislation in foreign jurisdictions that may subject your company to differing standards in different nations. On the domestic scene, reforms aimed at improving corporate accountability impact both FCPA compliance programs and penalties for non-compliance. The government and the public are weary of further corporate misbehavior and scandals. This is not the time to be behind the knowledge curve on changing legal obligations and how they affect your company's practices.

Whether you are an in-house attorney, a compliance professional, or an attorney in private practice with clients relying on you to provide FCPA advice, your job is getting more difficult. You need to know where the risk areas lie in subsidiary, joint venture and agency relationships and how to guard against them. Sarbanes-Oxley means taking a fresh look at internal controls and the accounting requirements of the FCPA. Plus, you need to stay current with how the latest cases and opinions shape the law and what they mean for your compliance efforts.

Get valuable updates from the Department of Justice, the Securities Exchange Commission, in-house counsel and FCPA attorneys on key topics including:

  • The most important cases, opinions and releases of the past year
  • Transactional FCPA: mitigating successor company liability
  • SEC and Department of Justice perspectives on how todeal with FCPA violations
  • The accounting requirements of FCPA, including the evolvingramifications of the Sarbanes-Oxley Act
  • Dynamic compliance: strategies for meeting rising expectations

Contents & Contributors

About

Investigations into alleged violations of the U.S. Foreign Corrupt Practices Act are on the rise.

While the FCPA has always proved challenging for companies doing business abroad, international cooperation that did not exist until recently has given enforcement agencies the necessary tools to probe for corruption on a large scale. This cooperation has also led to legislation in foreign jurisdictions that may subject your company to differing standards in different nations. On the domestic scene, reforms aimed at improving corporate accountability impact both FCPA compliance programs and penalties for non-compliance. The government and the public are weary of further corporate misbehavior and scandals. This is not the time to be behind the knowledge curve on changing legal obligations and how they affect your company's practices.

Whether you are an in-house attorney, a compliance professional, or an attorney in private practice with clients relying on you to provide FCPA advice, your job is getting more difficult. You need to know where the risk areas lie in subsidiary, joint venture and agency relationships and how to guard against them. Sarbanes-Oxley means taking a fresh look at internal controls and the accounting requirements of the FCPA. Plus, you need to stay current with how the latest cases and opinions shape the law and what they mean for your compliance efforts.

Get valuable updates from the Department of Justice, the Securities Exchange Commission, in-house counsel and FCPA attorneys on key topics including:

  • The most important cases, opinions and releases of the past year
  • Transactional FCPA: mitigating successor company liability
  • SEC and Department of Justice perspectives on how todeal with FCPA violations
  • The accounting requirements of FCPA, including the evolvingramifications of the Sarbanes-Oxley Act
  • Dynamic compliance: strategies for meeting rising expectations

Contents & Contributors

THE FOREIGN CORRUPT PRACTICES ACT
Homer E. Moyer, Jr., Miller & Chevalier

U.S. FOREIGN CORRUPT PRACTICES ACT AND TRANSNATIONAL CORRUPTION
Margaret Ayres, Davis Polk & Wardwell

UNDERSTANDING AND COMPLYING WITH THE U.S. FOREIGN CORRUPT PRACTICES ACT
Richard N. Dean, Coudert Brothers LLP

THE SEC'S ENFORCEMENT OF THE FOREIGN CORRUPT PRACTICES ACT
Paul V. Gerlach, Sidley Austin Brown & Wood, LLP
George B. Parizek, Sidley Austin Brown & Wood, LLP

MEETING ACCOUNTING REQUIREMENTS IN AN ERA OF INCREASED ACCOUNTING OVERSIGHT
Gregory Bruch, Foley & Lardner

THE ROLE OF LAW IN COMBATING OFFICIAL CORRUPTION RECENT U.S. ENFORCEMENT AND EVOLVING INTERNATIONAL STANDARDS
Homer E. Moyer, Jr., Miller & Chevalier

REPORT CARD ON INTERNATIONAL ENFORCEMENT
Kathryn Nickerson, U.S. Department of Commerce

YEAR IN REVIEW: KEY U.S. PROSECUTIONS AND DEVELOPMENTS
Philip Urofsky, U.S. Department of Justice

FCPA HOT TOPICS
Roger M. Witten, Wilmer Cutler Pickering Hale & Dorr LLP

IS THE CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS EFFECTIVE?
Nicola Bonucci, Organization for Economic Cooperation & Development

RESPONDING TO FCPA RED FLAGS
Philip Urofsky, U.S. Department of Justice Martin J. Weinstein, Willkie Farr & Gallagher
William F. Pendergast, Dickinson Landmeier LLP

DISCLOSURE REQUIREMENTS UNDER THE FCPA
Martin J. Weinstein, Willkie Farr & Gallagher
Robert J. Meyer, Willkie Farr & Gallagher LLP

THE NEW DYNAMICS OF FCPA INTERNAL INVESTIGATIONS
Lucinda A. Low, Miller & Chevalier

PAYING FOR THE SINS OF OTHERS: VICARIOUS LIABILITY FOR THIRD PARTIES
Timothy L. Dickinson, Dickinson Landmeier LLP

DIGESTS OF CASES AND REVIEW RELEASES RELATING TO BRIBES TO FOREIGN OFFICIALS UNDER THE FOREIGN CORRUPT PRACTICES ACT OF 1977 (AS OF NOVEMBER 4, 2004)
Danforth Newcomb, Shearman & Sterling LLP

A GUIDE TO THE FOREIGN CORRUPT PRACTICES ACT ELEMENTS, DUE DILIGENCE, AND AFFIRMATIVE DEFENSES
Dale C. Turza, Partner, Cadwalader, Wickersham & Taft LLP

EFFECTIVE COMPLIANCE PROGRAMS: INNOVATIONS TO MEET RISING EXPECTATIONS
Jay G. Martin, Baker Hughes Inc.

A GUIDE TO USING OUTSIDE INVESTIGATORS IN CONDUCTING FCPA DUE DILIGENCE
Kathryn Cameron Atkinson, Miller & Chevalier



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0