By Samuel Rubenfeld
Published September 6, 2012, WSJ Corruption Currents
Debate over whether a company should disclose a potential bribery problem to the government has been a topic of discussion for years. It always revolved around one question: Does it help a firm avoid a stiffer penalty in the end? Read more
By Andrew Finkelstein
Published September 11, 2012, Compliance Week
In the medical device industry, recent healthcare reforms such as the Federal Sunshine Act and the medical device tax present new and challenging regulatory risks.
In the absence of enforcement precedent, or even regulatory guidance, assessment and management of these risks have yet to yield a set of best practices. Of course, even within longstanding areas of regulatory compliance, and where there is ample precedent and guidance, there are still plenty of lessons to be learned, especially as regulators increasingly turn their eye to new areas of enforcement for the industry. Read more
By Michael Koehler
Published September 11, 2012 , FCPA Professor
In my article “Revisiting a Foreign Corrupt Practices Act Compliance Defense” (Wisconsin Law Review – here), I highlight that against the backdrop of the DOJ’s current institutional opposition to an FCPA compliance defense, there is growing chorus of former DOJ officials who support a compliance defense. This group includes a former Attorney General (Michael Mukasey), a former Deputy Attorney General (Larry Thompson), a former Chief of the DOJ’s FCPA Unit (Joseph Covington), and former high-profile corporate crime prosecutor (Andrew Weissmann). Read more
By Thomas Fox
Published September 6, 2012, Corporate Compliance Insights
Based on a recent comment on one of my articles, I thought it might be an appropriate time to review Department Of Justice (DOJ) opinion releases on travel and lodging expenses for government officials to discuss this area of a Foreign Corrupt Practices Act (FCPA) compliance program. Read more
By Michael Koehler
Published September 4, 2012, FCPA Professor
The day after Labor Day has always seemed like a second New Year. In that spirit, let’s kick off the “new year” with further thoughts on a compliance defense.
For starters, I am pleased to share (here) the published version of my scholarship “Revisiting a Foreign Corrupt Practices Act Compliance Defense.” The published version in the Wisconsin Law Review (compared to the draft released last January) contains additional reasons and rationale for why the FCPA ought to be amended to make a company’s pre-existing compliance policies and procedures, and its good-faith efforts to comply with the FCPA, relevant as a matter of law when a non-executive employee or agent acts contrary to those policies and procedures. Read more
By Thomas Fox
Published September 4, 2012, Corporate Compliance Insights
I am a recovering trial lawyer. I almost always acted as defense counsel for corporations in my trial lawyer career. In the trial lawyer world, there are four recognized defenses to any claim that are affectionately known as the “dog bite defenses.” They are:
- My dog didn’t bite you.
- Even if my dog did bite you, it’s because you provoked him.
- Even if my dog did bite you, you really aren’t injured.
- My dog didn’t bite you because I don’t have a dog.
The fourth version of the dog bite defense is certainly an all-in move. You either (1) better be right or (2) have some big kahunas to make that argument to a jury with a straight face. Read more
By C.M. Matthews
Published August 29, 2012, WSJ Corruption Currents
The U.S. government will release long-awaited guidance on its enforcement of a foreign bribery law ahead of a meeting of international anti-corruption experts in October, according to people familiar with the matter. Business groups have long pressed for clarity on the law, the Foreign Corrupt Practices Act, which they argue is vague, over-broad and detrimental to U.S. businesses. Lanny Breuer, a top Justice Department official, promised guidance on the FCPA in November last year but few details have been released since then. Read more