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As the economy improves and merger activity increases, it is important to remember the risks of FCPA liability when acquiring a company or entering into a joint venture. Simply put, you don't want to acquire an FCPA violation. Companies will sometimes rush to close a deal without conducting
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"People are doing the best that they can from their own level of consciousness." — Deepak Chopra If you travel on the anti-corruption seminar circuit (which is far more enjoyable than the proverbial "rubber chicken" circuit), you will hear from some of the most accomplished compliance
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In the last few years, lawyers, accountants and other professionals have been beating the drum of aggressive enforcement of the FCPA (and the UK Bribery Act). There is no question that enforcement of anti-corruption laws around the globe has increased. The risk to companies and individuals has increased. But
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Tom Fox, a leader in the FCPA compliance world, has released his first book, Lessons Learned on Compliance and Ethics." I have ordered mine and you should order yours. Tom's insight is practical, positive and invaluable. Every compliance professional, attorney and consultant needs to read Tom'
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Nowhere am I so desperately needed as among a shipload of illogical humans. --Spock in 'I, Mudd' If we look into the compliance program crystal ball, what will the future show? A "shipload of illogical [compliance] humans" or something completely different? If we take a step
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It is troubling to see how many lawyers are unable to question a witness. It is an acquired skill which reflects a lawyer's experience and interpersonal skills. Lawyers are not sensitive souls. They have a hard time reading people because they are not so comfortable with themselves (some
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“Quite as important as lawmaking is vigilant oversight of administration.” Woodrow Wilson, Congressional Government (1885) The scene on television is all too familiar. Corporate executives from a company in the headlines are dragged before a Congressional committee, they are placed under oath, and they are asked a series of questions
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Mark Twain observed correctly about lawyers: “Lawyers are like other people–fools on the average; but it is easier for an ass to succeed in that trade than any other.” When it comes to advising clients in the area of the FCPA and Bribery Act, counseling attorneys are critical players.
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Corruption, Crime & Compliance!! My mentor and friend, Judge Stanley Sporkin, the 'father of the FCPA,' wrote the foreword. "Michael Volkov’s book is a compilation of articles on a number of subjects important to advising clients how to stay out of trouble. He is a prolific
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The Justice Department, the Securities and Exchange Commission and the FCPA bar spend extraordinary amounts of time discussing and explaining FCPA enforcement and compliance issues. But one of the most important issues never sees the light of day. That is the decision whether or not to disclose a potential FCPA
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Justin Connor anad I recently published an article for Association of Corporate Counsel: Ten Action Steps When the Government Shows Up At Your Door http://www.acc.com/legalresources/publications/topten/ttaswtgaayd.cfm Your company’s worst nightmare is becoming more and more common – federal law enforcement officers show up
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While on Vacation, I am re-posting some earlier postings which you may find interesting. Almost all FCPA enforcement actions involve the failure of a company to adequately screen or prevent a third-party agent from bribing a foreign official. The company’s relationship with the third-party agent is