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This Week On FCPA Professor


FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

This post is part of a periodic series about “old” FCPA enforcement actions and highlights the dubious, yet notable, Schering-Plough enforcement action.

Attention general counsel, audit committee members, and board of directors.  Just because the SEC thinks your company has violated the Foreign Corrupt Practices Act, it isn’t necessarily so and you don’t have to roll over and write a check.  To state the obvious, unless a company caves, the SEC actually has to prove an FCPA violation and history has demonstrated that when forced to do, the SEC often fails. This post highlights Cobalt International’s refusal to settle.

As highlighted here, the French anti-corruption agency recently released guidelines.

Has the FCPA been successful in achieving its objectives? Of course to answer this question, success in the FCPA context must first be defined. Admittedly this is no easy task, as there are various plausible meanings of success in the FCPA context. This approximate 25 minute video discuss these various meanings of success and encourages you to answer for yourself the question of whether the FCPA has been successful in achieving its objectives.

How much do you know about the Foreign Corrupt Practices Act? Let’s find out in this week’s FCPA challenge.

This post rounds up other FCPA and related developments.

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