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The Top Ten Most Listened To FCPA Flash Podcast Episodes

FCPA Flash

The FCPA Flash podcast was launched in February 2016 and quickly become a leading podcast devoted to Foreign Corrupt Practices Act issues. Published twice a month, FCPA Flash provides in an audio format the same fresh, candid, and informed commentary about the FCPA and related topics as readers have come to expect from written posts on FCPA Professor.

The strength of FCPA Flash includes its high-quality, sophisticated guests who offer informed and candid assessments about FCPA and related issues.

Set forth below are the top ten most listened to FCPA Flash podcast episodes. If you are looking to elevate your FCPA knowledge and haven’t yet listened to these podcasts, you may want to check them out. (All FCPA Flash podcast episodes are available here).

Paul Pelletier

In this episode, Paul Pellletier (former Principal Deputy Chief of the DOJ’s fraud section) discusses the long time periods often associated with FCPA inquiries, FCPA investigative costs, and how the DOJ can best allocate its resources to fight bribery.

Paul Calli

In this episode, Paul Calli (an FCPA practitioner who has successfully defended individuals in FCPA trials) discusses the DOJ’s rather dismal FCPA trial court record and what it says about the DOJ’s modern FCPA enforcement program and how the DOJ measures success.

Colby Smith

In this episode, Colby Smith (the co-chair of the Securities Litigation Practice at Debevoise & Plimpton) discusses the prominence of disgorgement in SEC FCPA enforcement actions, the questionable use of disgorgement in FCPA enforcement actions that did not charge or find anti-bribery violations, and other notable issues in SEC FCPA enforcement actions.

Jonathon Pickworth

In this episode, Jonathan Pickworth (a lawyer in the London office of White & Case) discusses various aspects of the U.K. Bribery Act including the still lack of clarity regarding the so-called “failure to prevent bribery” offense as well as the “adequate procedures” defense.

Billy Jacobson

In this episode, Billy Jacobson (Orrick and a former Assistant Chief in the DOJ’s FCPA Unit) discusses the DOJ’s FCPA “pilot program” announced in April 2016, his policy suggestions for more effective FCPA enforcement, an FCPA compliance defense and what the FCPA might look like if it was passed today (instead of 1977), and whether a business organization should put the DOJ to its burden of proof.

Homer Moyer

In this episode Homer Moyer (Miller & Chevalier) discusses whether the FCPA has been “successful,” the pros and cons of recent FCPA enforcement trends, various aspects of the DOJ’s FCPA “pilot” program, the typical length of FCPA scrutiny, and the costs of investigating potential FCPA violations.

Matt Ellis

In this episode Matt Ellis (Miller & Chevalier and founder and editor of the FCPAmericas Blog) discusses anti-corruption developments in Brazil; common barriers and distortions in Latin America that often serve as the root cause of bribery; and other anti-corruption developments in Latin America.

Anthony Mirenda

In this episode, Anthony Mirenda (Foley Hoag) discusses international arbitration – a seldom explored corner of the general FCPA space. In addition to best practices in dealing with foreign third parties, Mirenda specifically discusses how a business organization, acting consistent with best practices in dealing with foreign third parties, can nevertheless expose itself to arbitration claims by the third party and thus find itself between a rock and a hard place.

Thomas Gorman 

In this episode, Thomas Gorman (Dorsey & Whitney and a former SEC enforcement attorney who also runs the SEC Actions blog) talks about the FCPA’s books and records and internal controls provisions, expansive SEC theories of liability thereunder, and whether the time has come for an issuer to put the SEC to its burden of proof in an FCPA enforcement action.

David Ogden

In this episode, David Ogden (WilmerHale and a former DOJ Deputy Attorney General) elaborates on a speech (see herefor the prior post) in which he criticized the DOJ’s “leverage based” enforcement approach. Specifically, Ogden discusses a wide range of negative consequences which flow from the DOJ’s enforcement approach.

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