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This Week On FCPA Professor

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FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

This post looks at the Raytheon – United Technologies merger through an FCPA lens.

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A Compliance Professional Speaks

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[This post was originally published on FCPA Professor on November 12, 2014 by an anonymous compliance professional]

When you’re the Chief Compliance Officer (“CCO”) of a company that ends up in the middle of one of “those” all-encompassing FCPA investigations (as if there’s any other kind), people often want to know . . . what is it like?  How does it feel to be at ground zero of pure FCPA adrenaline?   This is my answer,  based on my repeated experiences.  I wish I could say it just happened once.  This is also based on my discussions with other CCOs.

It’s a rollercoaster with few ups and a lot of downs.

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The Top Ten Most Listened To FCPA Flash Podcast Episodes

FCPA Flash

The FCPA Flash podcast was launched in February 2016 and quickly become a leading podcast devoted to Foreign Corrupt Practices Act issues. Published twice a month, FCPA Flash provides in an audio format the same fresh, candid, and informed commentary about the FCPA and related topics as readers have come to expect from written posts on FCPA Professor.

The strength of FCPA Flash includes its high-quality, sophisticated guests who offer informed and candid assessments about FCPA and related issues.

Set forth below are the top ten most listened to FCPA Flash podcast episodes. If you are looking to elevate your FCPA knowledge and haven’t yet listened to these podcasts, you may want to check them out. (All FCPA Flash podcast episodes are available here).

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If The Government Can Do That, Why Can’t It Do This?

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A foreign official in Country A. A state-owned enterprise in Country B. A third-party agent in Country C.

Foreign Corrupt Practices Act enforcement actions are full of vague references to problematic actors. However, other business organizations, including those doing business in the same country or same industry, are generally left clueless as to the identity of the problematic actors.

Perhaps FCPA compliance and risk mitigation could be enhanced if the government specifically identified problematic actors so that other business organizations could react accordingly.

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A Look At The Raytheon – United Technologies Merger Through An FCPA Lens

unitedtechraytheon

A few days ago Raytheon Company and United Technologies Corporation announced entry “into an agreement to combine in an all-stock merger of equals.” The merger was unanimously approved by the Boards of Directors of both companies and is expected to close in the first half of 2020.

The aerospace and defense industries have significant points of contact with “foreign officials” in the global marketplace and thus a relatively high degree of FCPA risk. Indeed, United Technologies resolved an approximate $14 million FCPA enforcement action in 2018 regarding conduct in Russia, Azerbaijan, China, Kuwait, South Korea, Pakistan, Thailand, and Indonesia.

This post examines the Foreign Corrupt Practices Act and related provisions of the merger agreement as well as a prior example of how FCPA issues scuttled a defense industry merger.

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