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Entries in Beyond Balance (12)


More Unfortunate Data On The FCPA As Economic Sanction

About three years ago, a young aspiring academic on a research grant overseas suggested on the FCPA Blog that the FCPA was functioning as a kind of economic sanction against developing countries. It was me . . .

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Beyond Balance IX: Encouraging Ethical Business by Incentivizing Compliance

Nowhere is the difference between Clean Hands and Constructive Engagement more evident than in the central plank of the reform agenda: the good faith compliance defense.

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Beyond Balance VIII: Clean Hands or Constructive Engagement?

In this series’ previous installment, I argued that our doctrine of holding acquiring companies criminally liable for pre-acquisition conduct was deterring investment in developing countries.

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Beyond Balance VII: Lost Opportunities of Successor Liability

In my last post, I examined a possible reform -- the expansion of personal jurisdiction -- and argued that although it is supported by anti-bribery advocates, it would actually serve the interests of the U.S. business community.

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Beyond Balance VI: The Jurisdictional Sword Just May Cut the Other Way

In last week’s post in this series we explained that the core purpose of the FCPA is to encourage, or require, ethical international business.

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Dutch Won't Open Old Lockheed Wound 

The leader of the Dutch government has refused to open a new investigation into the role played by Prince Bernhard in the Lockheed scandal that broke in 1976.

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Beyond Balance V: The Ethical Business Criterion

“A problem well stated is a problem half solved.” So said the American inventor Charles Kettering. In FCPA circles, we’re debating whether and how to fix assorted problems in our anti-bribery regime.

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Symposium Will Focus On FCPA

The Ohio State Law Journal's FCPA symposium happens March 16 in Columbus.

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Beyond Balance IV: New Players, Same Playing Field 

Serendipity is a wonderful thing. What better segue from my last posting than yesterday’s announcement that Russia has signed the OECD Anti-Bribery Convention. This is a remarkable and important event. I hope we fully understand why.

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Beyond Balance III: Our Forgotten History, cont.

I previously argued in this space that the contemporary FCPA reform debate is strikingly disconnected from history; both camps seem to have collectively forgotten how we believed the FCPA would operate in the world.

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Beyond Balance II: Rediscovering the FCPA’s Original Purpose

To understand where the FCPA should go from here, we need to understand where, and how, it began.

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Beyond Balance: Reframing the FCPA Reform Debate

Thanks again to the FCPA Blog for sharing its space with me at this, a crucial point in FCPA history. Readers of this blog well know that since enacting the statute in 1977, we have amended it only twice -- in 1988 and 1998. We may now be gearing up to do so again.

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