Tag Archives: FCPA

The Second Circuit rules against DOJ’s aggressive assertion of extraterritorial FCPA jurisdiction over foreign accessories

Dealing a significant blow to US prosecutors, the US Court of Appeals for the Second Circuit has ruled that a non-resident foreign national, operating entirely outside the physical territory of the United States, cannot be liable for violations of the Foreign Corrupt Practices Act (FCPA) under aiding-and-abetting or conspiracy theories unless he was directly liable under … Continue Reading

International HR and employee discipline issues in FCPA matters

When carrying out internal investigations into Foreign Corrupt Practices Act (FCPA) or other bribery issues, multinational employers may find themselves investigating alleged wrongdoing that occurred in more than one country. Lawyers and HR personnel, who often coordinate or directly carry out investigations overseas, need to understand that local laws, practices and cultural differences mean that … Continue Reading

Smartphone apps pose heightened compliance risks under new US FCPA Corporate Enforcement Policy

With the widespread adoption of “super-apps”, multinational companies operating in China and other emerging economies may be exposed to heightened compliance risks, particularly in light of the recent adoption of a new US Foreign Corrupt Practices Act Corporate Enforcement Policy (FCPA Enforcement Policy) that restricts the use of third-party apps for undocumented business communications. For … Continue Reading
LexBlog