May 24, 2016
The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from the written posts on FCPA Professor.
This FCPA Flash episode is a conversation with Homer Moyer (Miller & Chevalier – Washington, D.C.). In the episode, Moyer (a “dean of the FCPA bar”) discusses the following topics: whether, as the FCPA nears 40, the law has been “successful,” the pros and cons of recent FCPA enforcement trends, various aspects of the DOJ’s FCPA “pilot” program, the typical length of FCPA scrutiny, and the costs of investigating potential FCPA violations.
May 23, 2016
Data analytics is the process of examining raw data to draw informed conclusions to assist professionals in making more efficient and effective decisions.
Data analytics of course will not eliminate legal risk, in the FCPA context or otherwise.
However, informed use of data can help professionals manage and minimize FCPA risk, determine where to deploy resources, and otherwise navigate the contours of FCPA scrutiny and enforcement.
As stated by the DOJ’s compliance counsel: “strong compliance must be data driven” and FCPAnalytics (a new service to the FCPA and compliance community by FCPA Professor LLC offered through the FCPA Connect service) strives to do just that.
May 20, 2016
Assistant Attorney General Leslie Caldwell on the DOJ’s FCPA Pilot Program, scrutiny alerts and updates, quotable and for the reading stack. It’s all here in the Friday roundup.
Caldwell on the FCPA Pilot Program
This article contains a recent Q&A with Assistant Attorney General Leslie Caldwell about the DOJ’s FCPA Pilot Program.
After reading the below excerpts, you might also want to read the article “Grading the DOJ’s FCPA Pilot Program.”
May 19, 2016
My article “A Common Language to Remedy Distorted FCPA Enforcement Statistics” (click here to download) was recently published in the Rutgers Law Review.
The article discusses how various FCPA Inc. participants have adopted creative and haphazard counting methods that infect the quality and reliability of FCPA enforcement and related statistics of interest to many in the legal and business communities. The article also highlights how the lack of an FCPA common language has several negative effects including the quality of FCPA lawyering, the quality of empirical FCPA research, and the quality of FCPA reporting by the media.
The article concludes by proposing a FCPA common language that can improve the quality and reliability of FCPA statistics and thus allow a more cogent conversation to take place regarding FCPA issues.
I elaborate on various issues discussed in the article in a Q&A recently published in Bloomberg BNA’s White Collar Crime Report – “How a Common Language for the FCPA Would Help all Participants” (May 13, 2016).
The Q&A is set forth below.
May 18, 2016
Since its launch in July 2014, the FCPA Institute has elevated the Foreign Corrupt Practices Act knowledge and practical skills of lawyers, compliance professionals, auditors and accountants, business executives and others from around the world.
After successful events in Milwaukee (July 2014), Miami (January 2015), Houston (May 2015), Washington, D.C. (August 2015), Miami (January 2016) and Nashville (May 2016), the FCPA Institute is next making a stop in Washington, D.C. on September 19-20 and will be hosted by Foley & Lardner.
The FCPA Institute is different from other FCPA conferences as information is presented in an integrated and cohesive manner by an expert instructor with FCPA practice and teaching experience. Moreover, the FCPA Institute promotes active learning by participants through issue-spotting videos, skills exercises, small-group discussions, and the sharing of real-world practices and experiences.
To best facilitate the unique learning experience that the FCPA Institute represents, attendance at each FCPA Institute is capped at 30 participants. Click here to learn more about the FCPA Institute and to register for the Washington, D.C. event.