On February 21, the Trump Administration released the America First Investment Policy (the memo or memorandum). The wide-ranging memo formally targets investment from the People’s Republic of China, including Hong Kong and Macau (collectively, the PRC), in sensitive U.S. sectors, modifies aspects of the Committee for Foreign Investment in the United States (CFIUS) process, and proposes new restrictions on outbound investment. Continue Reading America First Investment Policy Sets Sights on China
Importance of Cooperation Credit in FCPA Settlements
I recently provided comments for an article in the Anti-Corruption Report examining recent Department of Justice (DOJ) settlements under the Foreign Corrupt Practices Act (FCPA). Continue Reading Importance of Cooperation Credit in FCPA Settlements
FCPA Enforcement Update: Commodities Trader Agrees to Almost $100 Million Fine
On December 14, the Department of Justice (DOJ) announced that Freepoint Commodities LLC, a Connecticut-based commodities trader, had agreed to a three-year deferred prosecution agreement (DPA) to resolve a DOJ investigation into violations of the Foreign Corrupt Practices Act (FCPA). In addition to the DPA, Freepoint agreed to pay over $98 million in penalties.Continue Reading FCPA Enforcement Update: Commodities Trader Agrees to Almost $100 Million Fine
Foreign Corrupt Practices Act Update: Considerations Around Voluntary Disclosures
In September 2022, Deputy Attorney General Lisa Monaco outlined the Department of Justice (DOJ) approach to enforcing corporate misconduct and directed agencies to review existing voluntary self-disclosure policies or, if none exist, draft new ones. Continue Reading Foreign Corrupt Practices Act Update: Considerations Around Voluntary Disclosures
FCPA Update: DOJ Opinion Procedure Releases Underscore That Payments to Officials Are Sometimes Permitted
Two recent opinions released by the Department of Justice (DOJ) serve as a reminder that even under the strictly enforced Foreign Corrupt Practices Act (FCPA), payments to government officials are permissible in certain situations. Given how rarely DOJ issues such opinions and because each provides insight into DOJ’s current view of enforcement in particular scenarios, it is worth considering what can be learned from each opinion.Continue Reading FCPA Update: DOJ Opinion Procedure Releases Underscore That Payments to Officials Are Sometimes Permitted
[WEBINAR] Conducting Clinical Trials Outside the U.S.: U.S. and Foreign Rules, Regulations, and Guidance
We will speak at a Strafford webinar providing guidance to life sciences companies and research institutions that are conducting or considering conducting clinical trials outside the United States.Continue Reading [WEBINAR] Conducting Clinical Trials Outside the U.S.: U.S. and Foreign Rules, Regulations, and Guidance
Updates to FCPA and Impact for Healthcare Companies
We co-authored an article for Compliance Today with Channing Landreth, the associate vice president and managing counsel at Labcorp, to summarize how recent developments related to the Foreign Corrupt Practices Act (FCPA) impact healthcare companies. Continue Reading Updates to FCPA and Impact for Healthcare Companies
FCPA Enforcement: New Corporate Enforcement Policy, Aggressive Enforcement, and Lessons Learned From Recent Resolutions
Please join us for a lively and timely discussion of recent FCPA enforcement activity on Tuesday, May 23, 2023 at 1pm ET/12pm CT.Continue Reading FCPA Enforcement: New Corporate Enforcement Policy, Aggressive Enforcement, and Lessons Learned From Recent Resolutions
Register Now | FCPA Enforcement Update: Lessons Learned for Best Practices Webinar
We look forward to presenting a webinar titled “FCPA Enforcement Update: Lessons Learned for Best Practices” for the Society of Corporate Compliance and Ethics alongside V. Channing Landreth, AVP Managing Counsel at Labcorp. We will cover:
- Overview of FCPA
- Key Compliance Challenges
- Lessons from Recent Enforcement Actions
- Compliance Best Practices
The webinar will be held
FCPA Enforcement Update: Two Big Settlements to End the Year
In the past several years there has been a significant decrease in Foreign Corrupt Practices Act (FCPA) enforcement efforts. Reports suggest that corporate criminal cases have decreased by roughly 50% since 2012. FCPA enforcement has dipped particularly dramatically – from more than 40 actions brought by the DOJ and/or SEC in 2019 to only 15 brought by the DOJ and/or SEC in 2021.Continue Reading FCPA Enforcement Update: Two Big Settlements to End the Year