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FCPA Blog Daily News

Entries in Chamber of Commerce (24)


Is Jay Clayton another Andrew Weissmann? Let's hope so

President Elect Trump’s pick to lead the SEC is Jay Clayton. He wrote in a 2011 NYC Bar Association paper about the FCPA. The paper addressed the “lasting harm to the competitiveness of U.S. regulated companies” due to the “current anti-bribery regime.”

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U.S. Chamber: ‘Yates Memo could lead to more enforcement abuses’

The Institute for Legal Reform -- part of the U.S. Chamber of Commerce -- issued a paper last week with a harsh review of the Yates Memo, also known as the DOJ's Individual Accountability Policy

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‘Guns blazing’ defense of FCPA compliance from the Chamber of Commerce

Recently one of the most unlikely sources for praise of the Foreign Corrupt Practices Act (FCPA) came out to inform us all that corporations are the cornerstone of FCPA compliance and enforcement. You may be surprised to find out it was the U.S. Chamber of Commerce. It came in the Chamber’s Amicus Curie filing in a case currently being considered by the Texas Supreme Court, Shell v. Writt, which is unusual because it is a state supreme court case, which touches on the Foreign Corrupt Practices Act (FCPA).

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Are the OECD and UN Anti-Graft Conventions working?

Miller & Chevalier's Homer Moyer and James Tillen are among the speakers at an upcoming full-day conference called ‘The International Fight Against Corruption:  Are the OECD and UN Conventions Achieving their Objectives?’

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Wal-Mart’s Victims Part III: It’s Not a Playing Field At All

As we saw in Part II, the government has come to think that the FCPA’s chief purpose is to “level the playing field.” And much criticism of modern enforcement, especially from the U.S. Chamber of Commerce, charges that it has failed to achieve that goal.

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Let’s just be honest for a moment… 

After waiting a polite three months following the release of the Government’s FCPA Guidance, the U.S. Chamber of Commerce has issued a new letter renewing its call for additional FCPA guidance. 

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What's really inside the new guidance?

Just over a year after Assistant Attorney General Lanny A. Breuer first announced plans to issue “detailed new guidance on the [FCPA’s] criminal and civil enforcement provisions,” the Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) today jointly issued this long-awaited formal guidance entitled A Resource Guide to the U.S. Foreign Corrupt Practices Act (“the Guide”).

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Where exactly is the FCPA guidance?

Late this summer, press outlets reported on anonymous claims that the Department of Justice and Securities and Exchange Commission likely would be releasing their long awaited FCPA Guidance in advance of an annual OECD Working Group on Bribery meeting on October 10, 2012.

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Giving Back To The Victims

In March the Nigerian human rights group SERAP (Socio-Economic Rights and Accountability Project) sent a letter to the SEC outlining one of the most altruistic FCPA amendments yet proposed.

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Jacobson: Immunity Plan Will Raise Enforcement Standards

We spoke this week with Billy Jacobson, the DOJ's former assistant chief for FCPA enforcement about his proposal that companies able to meet a five-part good-faith compliance test shouldn't face FCPA charges.

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Jacobson To DOJ: Fix FCPA Enforcement Policy

The former number two prosecutor in the DOJ's FCPA unit said companies that can meet a simple five-part good-faith compliance test shouldn't face FCPA charges.

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Don't Look For 'New' Guidance, Koehler Says

Mike Koehler of the FCPA Professor talked to Reuters' Brett Wolf this week about the DOJ's promised FCPA guidance.

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