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The FCPA At Thirty-Five And Its Impact On Global Business

If you live in the Midwest and have an interest in the Foreign Corrupt Practices Act, The Ohio State University Moritz College of Law is the place to be on Friday, March 16th.

I am pleased to have played a role along with Professor Daniel Chow (here – Ohio State) and the staff of the Ohio State Law Journal in organizing “The FCPA At Thirty-Five and Its Impact on Global Business.”  The full-day symposium (see here and here for specifics) will convene top government officials, leading academics from both the U.S. and U.K., and experienced practitioners to discuss the many aspects of the Foreign Corrupt Practices Act.

Among the participants will be Carter Stewart (U.S. Attorney for the S.D. of Ohio), Charles Duross (Deputy Chief, FCPA Unit, DOJ), Larry Thompson (former Deputy Attorney General, DOJ; former general counsel of PepsiCo; and currently Professor of Law at the University of Georgia School of Law), and Philip Urofsky (former Assistant Chief of the DOJ Fraud Section and currently at Shearman & Sterling).

The FCPA did not appear out of thin air.  As with most new laws, specific facts and policy reasons motivated Congress to enact the FCPA.  I will tell the story of the FCPA’s enactment and the discussion will detail the deficiencies in then existing law that motivated Congress to seek legislative remedies to the foreign payments problem; the competing public policy arguments relevant to the foreign payments problem; and the two competing legislative responses to the foreign payments problem and how the political process unfolded.

Symposium panels will include the following:  The FCPA and Government, Is the FCPA Effective, The FCPA’s Impact on Global Business, and The FCPA and International Civil Society.

Professor Peter Henning (here – Professor of Law at Wayne State University School of Law, previously an enforcement attorney in the DOJ’s Fraud Section (as well as at the SEC) and writer of the White Collar Crime Watch (here) at the New York Times) will give a keynote address.

To register for the event see here.

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