FCPA Inc. is an active group of writers. Give them a development and the ink starts flowing. This is a good thing.
However, as highlighted in this recent post some FCPA commentary regarding recent developments has been perplexing.
As highlighted below, I continue to be perplexed by certain FCPA commentary.
This law firm alert regarding the Second Circuit’s recent Hoskins decision (see here) is titled “Second Circuit Presents U.S. Companies Historic Opportunity to Defend Against FCPA Liability.” Query how the Second Circuit’s determination whether the government provided sufficient evidence at trial of agent / agency (a term / concept always in the FCPA – that the parties agreed should be interpreted pursuant to its common law meaning) provides a “historic opportunity” to defend FCPA cases?