As has been widely reported, President-elect Donald Trump has nominated Jay Clayton (a lawyer at Sullivan & Crowell) to lead the SEC.
This post largely reboots this December 2011 FCPA Professor which highlighted a report titled “The FCPA and its Impact on International Business Transactions – Should Anything Be Done to Minimize the Consequences of the U.S.’s Unique Position on Combating Offshore Corruption?” by the International Business Transactions Committee of the Association of the Bar of the City of New York. The chairman of the Committee that drafted and reviewed the report was Jay Clayton.
The cheerleaders of more FCPA enforcement (regardless of enforcement theory, regardless of resolution vehicle used, regardless of settlement amount, and regardless of long-term collateral consequences) will likely get agitated by Clayton’s nomination.
However, those with actual FCPA practice experience, an informed understanding of global business conditions, and a desire for smart FCPA enforcement will be interested to learn of the report previously released by Clayton’s committee.