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