[This guest post from David Simon (Foley & Lardner) was originally published on FCPA Professor on May 21, 2013. Approximately six years later, many of the issues remain.]
Professor Koehler (my former colleague at Foley & Lardner) has been critical of “FCPA Inc.” and, in particular, the astronomical costs associated with certain FCPA investigations and compliance measures. My friends in the C-Suite of FCPA Inc. have responded defensively – reacting at least in part to a perception that these criticisms suggest a corner-cutting approach to important work that must be done properly.
As an FCPA lawyer with a foot in both camps, let me try to find some common ground.