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Thomas Fox Contributing Editor

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Bill Waite Contributing Editor

Shruti J. Shah Contributing Editor

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Richard Bistrong Contributing Editor 

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FCPA Blog Daily News

Entries in Respondeat Superior (54)

Friday
Mar172017

Practice Note: A jury instruction on FCPA corporate responsibility

Privately-held Lindsey Manufacturing is the only corporation to ever face a full jury trial for alleged FCPA offenses.

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Tuesday
Jan102017

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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Tuesday
Feb172015

Judge Rakoff isn't showing Prof Garrett the love

Judge Jed Rakoff above, Prof Brandon Garrett belowIn the February 19 edition of the New York Review of Books, federal judge Jed Rakoff of the southern district of New York reviews Brandon Garrett's book, Too Big to Jail: How Prosecutors Compromise with Corporations.

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Monday
Feb102014

More from McGuire Woods on Bribery Act expansion

On Friday, I wrote about how the director of the Serious Fraud Office, David Green, proposed an amendment to the UK Bribery Act that would expand the law's coverage and lead to the possible blacklisting of companies.

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Tuesday
Feb042014

Good-faith defense: A trump card for compliance officers

Preston Tull Eldridge of the Arkansas Law Review argued in a recent article that FCPA enforcement practices are "a lose-lose situation for corporate compliance programs."

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Tuesday
Jun182013

U.K. opposition takes fresh look at enforcement policy

Last week, the British Labour Party, the main opposition party, published a policy review called 'Tackling Serious Fraud and White Collar Crime.'

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Thursday
Jan102013

Differing views of corporate criminal liability complicate anti-graft fight

The criminal liability of corporations is an essential part of the fight against foreign bribery. Yet not every legal system views this area of law in the same way, and not everyone agrees on the best approach.

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Monday
Dec242012

Magazine bashes FCPA, defends Wal-Mart

An article in the National Review Friday slammed the FCPA and the DOJ's enforcement of it.

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Wednesday
Nov142012

DOJ and SEC release 'unprecedented' joint FCPA guidance

The DOJ and SEC today released a 120-page FCPA resource guide.

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Friday
Sep282012

Balanced enforcement deters bribery

Enforcement is a greater deterrent, in my opinion, if directed at both corporations and individuals.

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Wednesday
Sep262012

From France, the enforcement news isn't all bad

Antique engraving of Palais de Justice, Paris, France. Published in Systematische Bilder-Gallerie, Karlsruhe und Freiburg (1839). Courtesy of iStockThe extra-territorial reach of the FCPA and its impact are perhaps no better evidenced than by the colossal fines paid by Siemens in 2008.

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Friday
Sep212012

Deferred prosecution agreements: part of the problem or part of the solution? 

Last week, Assistant AG Lanny A. Breuer, left, head of the DOJ's criminal division, talked about the use and benefits of deferred prosecution agreements in corporate enforcement actions.

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