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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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FCPA Flash – A Conversation With Homer Moyer

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 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.

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FCPA Flash – A Conversation With Billy Jacobson

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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 Billy Jacobson. Jacobson has experience with the FCPA from a number of vantage points few can claim.  He has been an Assistant Chief for FCPA enforcement in the DOJ fraud section.  He has been a Senior Vice President, Co-General Counsel and Chief Compliance Officer for Weatherford International Ltd., a large oil and natural gas services company that does business around the world.  Currently, he is a lawyer in private practice at Orrick and was previously a lawyer in private practice at other firms.

In the episode, Jacobson discusses the DOJ’s FCPA “pilot program” announced in April 2016, his policy suggestions for more effective FCPA enforcement, an FCPA compliance defense and what the FCPA might look like if it was passed today (instead of 1977), and whether a business organization should put the DOJ to its burden of proof.

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FCPA Flash – A Conversation With Colby Smith

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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 Colby Smith (Debevoise & Plimpton). Smith is the Co-Chair of the firm’s Securities Litigation Practice and his practice focuses primarily on securities class action and derivative litigation, SEC and other regulatory enforcement matters, and internal corporate investigations, including those arising under the FCPA.

In the episode, Smith discusses the prominence of disgorgement in SEC FCPA enforcement actions, the questionable use of the disgorgement remedy in FCPA enforcement actions that did not charge or find anti-bribery violations, and notable and disputed issues that arise in SEC FCPA enforcement actions.

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