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.
In observation of Fathers Day, this post highlights the similarities and differences between compliance and parenting.
As discussed in this post, the House recently held a hearing titled “Ensuring Effectiveness, Fairness, and Transparency in Securities Law Enforcement.” Several of the issues discussed at the hearing were FCPA relevant such as disgorgement, statute of limitations and tolling agreements, the long time periods associated with issuer scrutiny, and “regulation by enforcement.”
In this FCPA Flash podcast episode, Philip Rohlik (Debevoise & Plimpton) discusses the recent Dun & Bradstreet enforcement action.
In June 2017 the Supreme Court unanimously rejected the SEC’s disgorgement position and held that disgorgement is a penalty and thus disgorgement actions must be commenced within five years of the date the claim accrues. Nevertheless, as highlighted in this post – one year later – Kokesh’s impact on actual FCPA enforcement actions seems to be minimal to non-existent.
This post rounds up other FCPA or related developments.