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Corporate Counsel

GCs Face Peril as Foreign Bribery Probes Second-Guess 'Routine' Advice

"Very often, companies don't even realize that they are interacting with state-owned entities or third-party intermediaries with links to local government,"said Snežana Gebauer, a partner at StoneTurn.
12 minute read

New York Law Journal

Economic Extortion and the Foreign Corrupt Practices Act

Author Summary: The government's categorical refusal to recognize an economic extortion defense to liability under the Foreign Corrupt Practices Act (FCPA) lacks legal support and is unsound policy, particularly after the passage of the Foreign Extortion Prevention Act (FEPA) and the rise of foreign autocracies. Businesses faced with threats of serious economic harm abroad should develop a record supporting extortion claims. The federal government should recognize those claims to avoid punishing victims of illegal foreign corruption. It can do so without diminishing the FPCA's ability to combat foreign corruption's harms.
10 minute read

Corporate Counsel

$10M John Deere Bribery Settlement Underscores Risks of Not Integrating Acquisitions

The Securities and Exchange Commission said that in the three years after Deere bought Wirtgen Thailand, the unit plied government officials with cash, massage parlor visits and lavish sightseeing trips to Europe. regulator found Illinois-based John Deere failed to integrate Wirtgen Thailand, a former German outfit into its existing compliance and controls environment after acquiring Wirtgen Group in 2017, resulting in "bribery schemes going unchecked for several years," the SEC's FCPA division enforcement chief Charles Cain said in a statement. "This action is a reminder for corporations to promptly ensure newly acquired subsidiaries have all the necessary internal accounting control processes in place."
4 minute read

Law.com

Internal Investigations From an International Perspective

The importance of conducting an internal investigation and the factors and ethical considerations your organization should consider.
13 minute read

New York Law Journal

FEPA: The Most Influential Anti-Bribery Legislation Since FCPA or a Paper Tiger?

For those who advise clients on matters relating to cross-border compliance, the Foreign Corrupt Practices Act has been the primary federal anti-bribery law since 1977. That was until 2023, when President Biden signed into law the Foreign Extortion Prevention Act. In doing so, the federal government filled a longstanding gap that was unaddressed: the "demand side" of foreign bribery and corruption.
8 minute read

Corporate Counsel

Workers Have New Incentives to Snitch to Feds, Skipping Internal Ethics Hotlines

"Could there be certain employees who choose not to report internally because they have a prospect of a whistleblower award at DOJ--yes," said Steve Fagell, a Covington & Burling partner.
7 minute read

Law.com

Legal Speak's "Sidebar with Saul" Part II: GOP Pols Push Misinformation, Cohen Keeps it Together

ALM litigation reporter Emily Saul gets us up to date on the happenings at the first Trump criminal trial, including reaction to testimony from Michael Cohen and the bizarre behavior of several Republican politicians.
1 minute read

Law.com

Legal Speak's 'Sidebar with Saul' Part II: GOP Pols Push Misinformation, Cohen Keeps It Together

ALM litigation reporter Emily Saul gets us up to date on the happenings at the first Trump criminal trial, including reaction to testimony from Michael Cohen and the bizarre behavior of several Republican politicians.
1 minute read

Law.com

Greenberg Traurig Files Suit Accusing Groups of Acting as Hamas 'Propaganda Division,' Spreading Falsehoods

"Since Oct. 7, our country has witnessed a shocking rise in anti-Semitism, verbal and physical threats against Jews on our campuses and in our streets, vandalism, blockades, economic disruption, illegal encampments, and hostile takeovers of academic buildings—largely and concertedly directed by Hamas and its collaborators, American Muslims for Palestine and National Students for Justice in Palestine," said Scott J. Bornstein, senior vice president of Greenberg Traurig.
5 minute read

New York Law Journal

Foreign Extortion Prevention Act: What US Entities Should Know and Why It's Relevant Today

This article discusses the recently enacted Foreign Extortion Prevention Act, which—unlike the Foreign Corrupt Practices Act—focuses on the demand-side of bribe payments. But will FEPA also create more potential exposure for U.S. entities? What should U.S. companies do today to prepare?
8 minute read

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