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Help Celebrate A FCPA Professor Milestone

Today’s post is the 1,000th to appear on FCPA Professor.

I launched FCPA Professor in July 2009 with the simple goal of injecting a much-needed scholarly voice into FCPA issues, exploring the more analytical why questions present in this era of FCPA enforcement, and fostering a forum for critical analysis and discussion of the FCPA and related topics among practitioners, business and compliance professionals, scholars and students, and other interested persons.

At first, I wondered if I would be able to consistently – week after week, month after month, year after year – produce a daily post.  Now I force myself to publish just one daily post.

FCPA Professor posts have impacted the issues and events of the day and has grown in ways I did not anticipate.  Thousands of diverse readers around the world rely on FCPA Professor for updates and analysis of FCPA and related topics and I am grateful for the comments of others such as:

  • “FCPA Professor is the Wall Street Journal concerning all things FCPA-related”
  • “FCPA Professor, one of the best law blogs on the planet”
  •  “If the FCPA Professor didn’t exist, we would have to invent him”

While FCPA Professor may have started as a blog, I invite you to think of FCPA Professor today as a comprehensive website.   In addition to informing readers of FCPA news and developments in a timely and in-depth manner, FCPA Professor features among other things:

  • links to original source documents;
  • a detailed FCPA 101 page;
  • a resource portal; and
  • hundreds of subject matter categories designed to facilitate in-depth FCPA research and analysis.

All of this takes time, money, and substantial effort.

Unlike other websites in the FCPA space, the content on FCPA Professor is provided free to readers and without compromising and distracting advertisements.  The expenses associated with FCPA Professor are my own and FCPA Professor very much represents a kitchen-table project (even though many days I write posts outside on the back patio or in hotel rooms while traveling).

FCPA Professor can and should become more of a reader-supported website.

Thus, if FCPA Professor adds value to your practice or business or otherwise enlightens your day and causes you to contemplate the issues in a more sophisticated way, please consider a donation to FCPA Professor to celebrate this 1,000th post milestone.  The donate page is located on the above banner as well as here.

Thank you for your support.

Upcoming Events

Readers may be interested in the following upcoming events.

October 17-19, Washington, DC

ABA – Fifth Annual National Institute on the Foreign Corrupt Practices Act.  See here for complete program details.

Curriculum topics include:  SEC- civil enforcement update: trends and significant developments; compliance and internal investigations:  a case study; the trial of an FCPA case:  pitfalls and pratfalls; and real world application of Dodd-Frank whistleblower protections.

I am pleased to be participating in a panel on Friday, Oct. 19th regarding promises and pitfalls of anti-bribery risk assessment.  The other panelists are Robert Amaee (Covington & Burling, London and the U.K. Expert for FCPA Professor), Tyler Hodgson (Borden Ladner Gervais, Toronto) William Jacobson (Weatherford International) and Joseph Spinelli (Navigant).  The panel will be moderated by Gregory Esslinger (FTI Consulting).

October 27, New York City

The 91st Annual Meeting of the American Branch of the International Law Association (“International Law Weekend”) will take place at Fordham Law School October 25-27.  See here for complete program details.  As evident from the program details, International Law Weekend touches upon a diverse set of legal and policy issues.

On Saturday October 27th a panel discussion will take place titled “Bribery Prosecutions for Profit?  Policy and Practical Implications.”

Bruce Bean (Michigan State University Law School) will chair and moderate the panel and joining me in tackling this provocative issue will be Richard Alderman (former Director of the U.K. Serious Fraud Office), Michael Madigan (Orrick), Kathleen Harris (Arnold & Porter) and Daniel Chow (Moritz College of Law, Ohio State University).

November 15-16, Baltimore, MD

The University of Maryland Francis King Carey School of Law and the Maryland Journal of International Law will host a symposium titled “Extraterritoriality Post-Kiobel:  International & Comparative Perspectives.”  Kiobel refers to the case the Supreme Court recently heard in which an issue is the extraterritorial application of the Alien Tort Claims Act.

The symposium will bring together a diverse group of international lawyers, scholars, and practitioners to critically discuss the issue of extraterritoriality from a range of international and comparative legal perspectives.  The symposium will address four interrelated themes: (1) whether States have jurisdiction under international law to adjudicate civil claims, including transitory tort claims, arising in the territory of foreign States; (2) the impact of the case on related questions involving the extraterritorial application of domestic law and treaty obligations in the ongoing war on terror; (3) Kiobel’s likely impact on wider issues of extraterritoriality and globalization in such areas of law as antitrust, corporate liability and choice of law; and (4) the more enduring significance of the case as a matter of general international legal theory.

I will be presenting on November 16th on a panel concerning “Extraterritoriality in a Globalized World” and will discuss the issue of extraterritoriality in the context of the FCPA.  My presentation and forthcoming paper is titled “The Foreign Corrupt Practices Act, Foreign Actors, and De Facto Extraterritoriality.”

December 10-12, Philadelphia, PA

Pharmaceutical Anti-Corruption Compliance event sponsored by Hanson Wade.  See here for complete program details.

On December 10th, I will conduct a three hour pre-conference workshop titled “What Every Pharma Professional Needs to Know About the FCPA.”  Later in the day, Tom Fox (FCPA Compliance and Ethics Blog) will conduct an additional workshop titled “New Approaches to Creating, Developing and Embedding a Compliance Culture Within Your Organization.”

During the conference, on December 11th, I will present “Understanding the FCPA’s New Era.”

As noted in this prior post “The Origins and Prominence of a Theory,” the pharma industry has been specifically impacted by the enforcement theory that employees of certain foreign health-care systems are “foreign officials.”


I hope to see FCPA Professor readers at these events.

Two-Time Ironman

An unusual off-topic post.  As some of you know, I compete in various endurance events, including Ironman triathlons, and I am pleased to share that I am a two-time Ironman.  Yesterday was Ironman Wisconsin.  It was a solid day.  I did the  2.4 mile swim, 112 mile bike and 26.2 mile run in 12 hours and 8 minutes.  A podium finish it was not, but perhaps in the FCPA category it was.  Ironman is obviously a physical test, but a mental test and emotional journey just the same.

Tomorrow post will return to the tasks at hand and will detail yet another former high-ranking DOJ official who supports a compliance defense amendment to the FCPA.

Year 4 And A New Chapter

FCPA Professor began three years ago today with this simple mission statement.

FCPA Professor seeks to inject a much needed scholarly voice into FCPA issues. Thus, in addition to covering the ‘who, what, and where’ of FCPA enforcement actions, news, and legislative initiatives, FCPA Professor will also explore the more analytical ‘why’ questions increasingly present in this current era of aggressive FCPA enforcement. The goal of FCPA Professor is thus to foster a forum for critical analysis and discussion of the FCPA (and related topics) among FCPA practitioners, business and compliance professionals, scholars and students, and other interested persons.

Year 4 of FCPA Professor begins today, the mission remains the same, and I am pleased to announce the following improvements to the website.

For starters, FCPA Professor is now complimented by this Youtube channel (featuring video content regarding the FCPA and related topics) as well as this Twitter account.

The FCPA 101 feature of the website (here) has been enhanced and now includes 25 Q&As.

The resource section of the website (here) has also been enhanced and now includes over 30 links to FCPA related websites and information to help keep you informed in addition to your daily visits to FCPA Professor.

I recently completed a re-tagging of all posts so that the search feature of the website (here) now includes approximately 625 subject matter categories to assist in your research needs.

And don’t forget about FCPA Professor’s jobs page (here) where employers seeking FCPA talent can connect with FCPA Professor’s sophisticated world-wide readers.

Thank you for making FCPA Professor a part of your day.  I value your readership and welcome your comments for how to make the site even better.  FCPA Professor is read by a diverse group of world-wide readers and I encourage you to make your voice heard on this forum with a guest post.

I am also pleased to share a new chapter for me.  I remain a dog, only a different breed.  After three wonderful years as a Bulldog, as an Assistant Professor of Business Law in the College of Business at Butler University, I am pleased to share my new position as an Assistant Professor, Southern Illinois University School of Law.  That would make me a Saluki.  What’s a Saluki?  See here from the SIU website, and if you are really, really interested see this PBS video.

Approximately four years ago, after nearly a decade long private practice career, I was looking to make a transition to academia.  The vibe of a college campus never left my bones, I viewed the youthful exuberance and idealism of students as contagious, and my high level of intellectual curiosity and love of research and writing were not being met.  Butler University gave me what I was looking for – a chance.   I will never forget that day in late August 2009 when I stood before a class and introduced myself as Professor Koehler and I will forever be grateful to Butler University for allowing me to begin to pursue my dream.

Going forward, the best e-mail address to reach me at is

Combating Corruption

[I am pleased to share that FCPA Professor has been named a “Top 25 Business Law Blog” of 2011 by LexisNexis – see here. Thank you for your support and please consider contributing to the forum through a guest post.]

Chicago-area readers may be interested in attending the University of Chicago Legal Forum titled “Combating Corruption” on November 4th at the University of Chicago Law School (see here for the schedule of events).  Co-sponsored by the ABA Global Anti-Corruption Task Force (see here), the event will include panels on public corruption, corporate corruption, global corruption, and a keynote address by Patrick Fitzgerald (U.S. Attorney for the N.D. of Illinois).

I am pleased to be participating in the “Global Corruption” panel along with Andrew Boutros (U.S. Attorney’s Office, N.D. of Illinois and Lecturer, University of Chicago Law School – here); Pascale Dubois (Sanctions Evaluation and Supension Officer, World Bank, and Adjunct Professor, Georgetown University Law Center – here); T. Markus Funk (Perkins Coie – here), and Charles Smith (Skadden, Arps – here).  The will be moderated by Marsha McClellan (Assistant U.S. Attorney, N.D. of Illinois).

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