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FCPA Flash – A Conversation With David Simon Regarding Cost-Effective And Difference-Making FCPA Compliance

FCPA Flash

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 David Simon (Foley & Lardner). In the episode, Simon discusses a disconnect between where FCPA compliance resources are being spent (specifically third-party issues and gifts, travel and entertainment) and where meaningful anti-bribery compliance progress can actually be made.

While some may view the general discussion of cost-effective and difference-making FCPA compliance to be provocative, it is an essential conversation to have that impacts real companies competing in good faith in the global marketplace, often in the face of seemingly inconsistent and counterproductive enforcement agency guidance.

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FCPA Flash – A Conversation With Jonathan Pickworth Regarding The 5th Anniversary Of The U.K. Bribery Act

FCPA Flash

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 Jonathan Pickworth, a lawyer in the London office of White & Case. Pickworth and his colleagues at White & Case recently published a series titled “UK Bribery Act – 5 Lessons in 5 Years.

In the episode, Pickworth discusses various aspects of the Bribery Act including the still lack of clarity regarding the so-called “failure to prevent bribery” offense as well as the “adequate procedures” defense. Pickworth also opines that the U.K.’s recently adopted deferred prosecution agreement regime is a step backwards in terms of motivating corporate self-reports.

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FCPA Flash – A Conversation With David Ogden

FCPA Flash

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 David Ogden (WilmerHale). Previously, Ogden served as the Deputy Attorney General of the U.S. and as an Assistant Attorney General for the Civil Division of the DOJ.

In the episode, Ogden elaborates on his recent speech (see here for the prior post) in which he criticized the DOJ’s “leverage based” enforcement approach. Specifically, Ogden discusses a wide range of negative consequences which flow from the DOJ’s enforcement approach.

The podcast is a must listen for anyone who values the rule of law and effective law enforcement.

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FCPA Flash – A Conversation With Thomas Gorman

FCPA Flash

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 Thomas Gorman, a lawyer with Dorsey & Whitney. Prior to private practice, Gorman spent several years at the SEC including as Senior Counsel in the SEC’s Division of Enforcement. Gorman focuses his practice on SEC and related public company issues including those arising under the Foreign Corrupt Practices Act. In addition, Gorman founded and runs the informative SEC Actions blog.

In the episode, Gorman talks about the FCPA’s books and records and internal controls provisions using the recent Las Vegas Sands enforcement action as a guide (see prior posts here and here). In addition, Gorman responds to the following questions: whether the books and records and internal controls provisions are essentially standardless and whether the SEC, with the perfect benefit of hindsight, advances expansive theories of liability; and whether with ever-expanding theories of enforcement, the time has come for an issuer to put the SEC to its burden of proof in an FCPA enforcement action.

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FCPA Flash – A Conversation With Matt Ellis

FCPA Flash

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 Matt Ellis. Ellis, a lawyer with Miller & Chevalier, has extensive experience in international anti-corruption compliance and enforcement, including the FCPA. Ellis focuses particularly on Latin America and founded and runs the FCPAmericas blog.

In the episode, Ellis talks about anti-corruption developments in Brazil (including the assertion that such developments are directly related to Brazil hosting the Olympics); common barriers and distortions in Latin America that often serve as the root cause of bribery; and other developments in Latin America in the bribery and corruption space

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