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ISO 37001 – Not Quite A “Complete Yawner”

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A goal of FCPA Professor has always been to foster a forum for critical analysis and discussion of the Foreign Corrupt Practices Act and related topics.

Consistent with this goal, today’s post is from Christopher Bell (Greenberg Traurig) responding in part to my October 2016 post titled “ISO 37001 Is A Complete Yawner.”

Bell was a member of the U.S. team involved in the negotiation and drafting of ISO 37001, has been involved in the negotiation and implementation of various ISO standards since the mid-1990s, and has decades of experience advising companies around the world on the evaluation and implementation of compliance systems.

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Assistant Attorney General Caldwell’s Q&A Regarding FCPA Enforcement

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This post is from Debevoise & Plimpton attorneys Veronica Glick and Jonathan Tuttle.

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Yesterday, Assistant Attorney General Leslie Caldwell discussed the DOJ’s FCPA enforcement goals at George Washington University Law School in Washington, D.C.   Caldwell’s remarks, available here, covered three topics: enforcement focus on large-scale international corruption; transparency in charging decisions with respect to corporate prosecutions; and fostering corporate compliance and cooperation.

The discussion below focuses on the Q&A portion of the event, which included the audience and panelists Karen Popp of Sidley Austin and Susan Karamanian of GW Law.  Assistant Attorney General Caldwell answered questions regarding the DOJ’s new FCPA pilot program, relationships with foreign law enforcement and the DOJ’s understanding of the FCPA’s jurisdictional reach.

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French Anti-Corruption Law Reform: A Paper Tiger Or A Paradigm Shift?

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Today’s post is from Paris-based Hughes Hubbard & Reed attorneys Bryan Sillaman and Jan Dunin-Wasowicz.

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Castigated for its meager prosecution of corporations for corruption offenses, particularly involving conduct overseas, France is currently in the process of revising its anti-corruption framework.  A new law, announced with great pomp, will be debated in the French National Assembly in the coming weeks, and may be adopted by summer.

This guest post for FCPA Professor provides a status update on the latest developments and offers a first look at some of the issues that arise from the draft law, including what it does and does not currently contain.

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Further To The Need For Responsible Statistical Analysis In FCPA Research

Statistical Analysis

Today’s post is from Peter Leasure J.D. (current Ph.D. candidate, University of South Carolina, Department of Criminology and Criminal Justice).

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This previous FCPA Professor post and related article showed that FCPA researchers and the entire legal field, especially those publishing legal journals, could greatly benefit from a better understanding of statistics.

This post will once again demonstrate this need. In an article recently published (Annalisa Leibold, The Extraterritorial Application of the FCPA Under International Law, 51 Willamette L. Rev. 225 (2015) and a subsequent post on the FCPA Blog, it was stated that firms with foreign headquarters were paying larger fines than firms with U.S. headquarters in FCPA cases. The author said as follows:

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Revisiting The Benefits Of Voluntary Disclosure With Responsible Statistical Analysis

Statistical Analysis

Today’s post is from Peter Leasure J.D. (current Ph.D. candidate, University of South Carolina, Department of Criminology and Criminal Justice).

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When asked about all sorts of automotive and household repairs, a dear friend used to reply, “I know just enough to get into trouble.”

Such can be the case with statistics and Foreign Corrupt Practices Act (FCPA) research. While statistical research within the FCPA is sparse[1], some efforts have been made. However, some of these efforts fell short and the entire legal field, especially those publishing legal journals, could greatly benefit from a better understanding of statistics.

My new article forthcoming in the Journal of Financial Crime titled “Embracing Fragility in Our Data: A Cautionary Example from Research on the FCPA and Voluntary Disclosure” (click here to download) provides a clear example of the need for a greater understanding of statistics in FCPA research.

“Embracing Fragility in Our Data” critiques the methodology of a previous study [2] which looked at whether there are benefits to voluntary disclosure of FCPA misconduct. In the study being critiqued, results showed that voluntarily disclosing companies faced nearly two and a half times higher total fines than companies that did not voluntarily disclose. A simple Google Scholar search yields twenty eight manuscripts that have relied upon and cited the findings noted by that previous study. It is no doubt likely that several other academics and practitioners have also relied upon and communicated those findings.

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