Jenner & Block

FCPA Business Guide

Jenner & Block has published the 2011 issue of the FCPA Business Guide.  This comprehensive and unique resource provides practical guidance for companies competing in the global marketplace and describes and analyzes the latest developments and trends in FCPA enforcement.

The year 2010 represented yet another high watermark in terms of the number of FCPA matters brought by the Department of Justice and Securities and Exchange Commission.  Several important developments in FCPA enforcement emerged in 2010.  One of the most significant developments was that the DOJ took steps to demonstrate greater transparency in granting credit for voluntary disclosure, cooperation, and pre-existing compliance programs.  Another important development was that there was evidence of a decline in the imposition of mandatory corporate monitors as part of FCPA corporate settlements.  A third significant development did not involve the FCPA itself, but has the potential to be hugely important for companies doing business internationally that are concerned with anti-corruption compliance: the enactment of the U.K.’s 2010 Bribery Act, due to come into effect this year.

We also saw efforts in 2010 to spur legislative reform in the FCPA arena to moderate certain aspects of the statute.  Specifically, the U.S. Chamber Institute for Legal Reform (“ILR”), an arm of the Chamber of Commerce, represented by Jenner & Block, published Restoring Balance: Proposed Amendments to the Foreign Corrupt Practices Act, and submitted Congressional testimony regarding proposed amendments to the FCPA, including the addition of an affirmative defense to liability for companies that have adequate pre-existing compliance programs.

This insightful and practical guide provides an overview of the statute and addresses typical questions that a company operating in the international marketplace may have about how to avoid running afoul of the statute.  It also addresses typical questions that a company with a multinational presence might have about remaining in compliance with the FCPA.

The FCPA Practice Group offers a wealth of experience in the FCPA arena and white collar defense and investigations, and includes 11 former federal prosecutors and defenders, among them two former Assistant U.S. Attorneys, the former Chief of the Justice Department’s international fraud enforcement component, and the former Chief of the Criminal Division of the U.S. Attorney’s Office for the Eastern District of New York. In addition, the Practice Group boasts three former SEC enforcement attorneys, including the former Associate Director of the Division of Enforcement, and two former Assistant Chief Litigation Counsels.  We provide a wide array of services to clients facing FCPA defense and compliance issues. 

For more information about this publication or Jenner & Block's FCPA Practice, contact:

Thomas C. Newkirk tnewkirk@jenner.com
 
If you would like a hardcopy of this publication mailed to you, please contact Elsie Henson at ehenson@jenner.com or at 202-639-6894.

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