Saturdays, March 3rd, 17th, 24th and 31st, 14:00-17:00
Foreign Corrupt Practices Act (FCPA) prosecutions have exploded in the last 5 years. In 2006, the U.S. Department of Justice brought two enforcement actions. In 2009, it brought 26. Cases have been brought against some of the biggest companies in the world. In 2008, the German company Siemens agreed to pay more than $1.6 billion in fines and penalties to settle an FCPA case and in 2010 the British defense contractor BAE agreed to pay more than $450 million to settle FCPA charges. Charges under the FCPA can be fatal for a company and therefore understanding the FCPA has become essential for every international business lawyer.
This course will examine the key legal issues related to the FCPA, including what constitutes a bribe; who is considered a government official; corporate and successor liability; application of the federal sentencing guidelines; the elements of an effective compliance program; the “facilitating payments” and “promotional expenses” exceptions; the “business purpose” rule and the role of local law.
The course will also explore the new U.K. Anti-bribery law that went into effect in 2011.
Materials will include cases, DOJ Opinion Releases and case documents. The course textbook will be determined later. The cost does not include the cost of the textbook.
