Call me old-fashioned, but when you voluntarily run a website devoted to a specific law (and have numerous paid advertisers with blinking and flashing ads placed on your website) you ought to have a basic obligation to get things right about that specific law. This includes being knowledgeable about the rather limited case law that exists regarding specific topics relevant to the specific law that is the focus of your website.
Nevertheless, the FCPA Blog is at it again with its FCPA misinformation.
This post, about the FCPA’s facilitation payment exception, states: “The burden of proof is always on the one asserting the exception as a defense.”
This is false.