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While much attention is given to compliance with applicable laws, such as the U.S. Foreign Corrupt Practices Act of 1977, many companies working on projects sponsored by Multi-Lateral Development Banks overlook that they have subjected themselves to an entirely separate regime of anti-fraud and anti-corruption regulations with serious consequences for non-compliance.
In a long overdue move to fill a perceived gap in U.S. law, this year’s National Defense Authorization Act included a new law that will finally criminalize the solicitation of bribes by foreign officials.
It is one of the hardest questions a company can face: after discovering criminal conduct inside your company, do you self-report to the government or not?
Earlier this month, a federal judge vacated two convictions related to the Department of Justice’s (“DOJ”) investigation into corruption in international soccer, widely known as the “FIFA Case.”
Enforcement of corporate crimes, which languished for two years during the COVID-19 pandemic, will grow more vigorous this year and may be accompanied by significantly tougher penalties, partners with Vinson & Elkins’ (“V&E”) Government Investigations & White Collar Defense practice say.
In a dramatic departure from prior practice, the U.S. Department of Justice (“DOJ”) recently released its second Opinion Procedure Release (“OPR”) in the last two years, following a half-decade of dormancy, and perhaps responding to criticism from the business community, DOJ actually provided actionable and immediate guidance to a company facing imminent harm.
Partners Palmina M. Fava in Vinson & Elkin’s New York City office and Fry Wernick, as well as associates Brian L. Howard II and Peter T. Thomas, all in the firm’s Washington, D.C. office, joined Natura & Company’s Group Chief Legal and Compliance Officer, Itamar Gaino Filho, and Group Vice President of Ethics & Compliance, Richard P. Davies, to author a new chapter on the Foreign Corrupt Practices Act (FCPA) for Thompson Reuters’ Successful Partnering Between Inside and Outside Counsel.
Virtually every day brings another headline trumpeting the latest campaign by a shareholder activist against a public company. Activists have become fixtures on the corporate landscape, agitating for change at a growing number of U.S. corporations. Over the last 15 years, the number of activist campaigns in the U.S. has more than tripled, reaching 277…