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U.K. – Don’t Get Your Knickers In A Twist Regarding The Bribery Act Review

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As highlighted in this recent roundup, the U.K. House of Lords announced that it “appointed an ad hoc Select Committee to consider and report on the Bribery Act 2010.” The Chairman of the Committee stated: “now is the opportune time for post-legislative scrutiny.”

However, as noted in this article “non-governmental organisations reacted with dismay to the review by the Lords committee, saying that it should not lead to any rolling back of the legislation.” (See also here).

This post encourages those in the U.K. not to get their knickers in a twist. The post provides some historical context about the FCPA- namely that soon after the passage of the FCPA in 1977 the U.S. government undertook various reviews of the FCPA.

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FCPA Flash – A Conversation With Jason Prince

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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 written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Jason Prince (Holland & Hart who offices in Boise and Washington, D.C.). During the podcast, Prince discusses: (i) FCPA issues for companies in the Rocky Mountain West; (ii) the similarities and differences between FCPA compliance and compliance with other export or international trade regulations; and (iii) how former Idaho Senator Frank Church (who was instrumental in crafting the FCPA) might think about the modern era of FCPA enforcement.

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FCPA Flash – A Conversation With Hannibal Kemerer Regarding The Senate’s 2010 FCPA Hearing And What Has Been Accomplished

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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 written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Hannibal Kemerer (Squire Patton Boggs). As former chief counsel of the Senate Judiciary Committee’s Crime and Drugs Subcommittee, Kemerer was the lead lawyer for Senator Arlen Specter and has unique insight into why Senator Specter held an FCPA oversight hearing in November 2010 (see here for the hearing transcript, here for the video). During the podcast, Kemerer discusses why Senator Specter held the hearing, what Senator Specter hoped to accomplish in the hearing, and whether the goals of the hearing were actually accomplished. Now in private practice, Kemerer also discusses the difference between approaching FCPA issues from a a private practitioner standpoint compared to a public policy standpoint.

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The Difficulty of Reconciling Existing Legal Authority And Even Enforcement Agency Guidance With Certain FCPA Books And Records And Internal Controls Enforcement Actions

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This recent FCPA Flash podcast episode focused on the SEC’s “unlawful” enforcement, in certain instances, of the FCPA’s books and records and internal controls provisions.

Off-the-rails SEC FCPA enforcement is a topic frequently discussed on these pages (see here among numerous other posts) and sometimes it is important to take a step back and review actual legal authority, as well as even prior enforcement agency guidance, relevant to the books and records and internal controls provisions.

Upon reviewing the below information, ask yourself whether it is possible to reconcile this legal authority and other sources of information with enforcement theories advanced in certain FCPA enforcement actions.

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