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French Anti-Corruption Agency Releases Guidelines


This recent FCPA Flash podcast highlighted developments in France relevant to the anti-bribery and compliance space including, most notably, the new so-called Sapin II law and the new French anti-corruption agency (AFA).

Recently, the AFA released guidelines (see here for the English translation) which make for an interesting read. In many respects, the AFA guidance is similar to the DOJ/SEC issued FCPA Guidance (2012) and the U.K. Ministry of Justice Bribery Act Guidance (2010). However, there are a few portions of the AFA guidelines that caught my eye and are discussed below.

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Friday Roundup


Scrutiny alerts, post-enforcement action compliance enhancements, my own two cents, reality TV, and for the reading stack. It’s all here in the Friday roundup.

Scrutiny Alerts

OSI Systems

This December 2017 post highlighted the unusual origin of OSI Systems FCPA scrutiny – a short seller published a research report accusing the company of corruption. Yesterday, OSI Systems formally disclosed:

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Corporate Boards Do NOT Need ISO 37001 To Act Consistent With Fiduciary Duties


Since ISO 37001 was released in October 2016 (see here), there have been many creative attempts to market ISO 37001 services.

This recent article with the click bait headline “How ISO 37001 Might Protect You From Shareholder Lawsuits” is the latest example.

However, contrary to the suggestion in the article, corporate boards do not need ISO 37001 to act consistent with fiduciary duties. Moreover, as discussed below, the article contains incomplete and inaccurate statements of law.

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Friday Roundup


Scrutiny alerts and updates, ripple, didn’t fit the narrative, too far into the weeds, the emerging global facade of enforcement and for the reading stack. It’s all here in the Friday roundup.

Scrutiny Alerts and Updates


Multilevel marketing companies Avon and Nu Skin Enterprises previously resolved FCPA enforcement actions concerning conduct in China. (See here, here, here, here and here for prior posts). Multilevel marketing companies USANA and Herbalife are currently under FCPA scrutiny for its business practices in China.

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Keppel Offshore & Marine Resolves Net $105.5 Million FCPA Enforcement Action Based On Brazil Bribery Schemes


Do not finalize those 2017 Foreign Corrupt Practices Act statistics just yet. Similar to prior years, late December has become an active time for FCPA enforcement.

Yesterday, the DOJ announced a net $105.5 million enforcement action against Keppel Offshore & Marine Ltd. (a Singapore-based company which describes itself as a “global leader in offshore rig design, construction and repair, ship repair and conversion, and specialised shipbuilding”) and Keppel Offshore & Marine USA Inc. (a wholly-owned subsidiary based in Texas).

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