You can find the complet text of the Foreign Corrupt Practices Act on the Department of Justice’s Foreign Corrupt Practices Act site. § 78dd-2. Prohibited foreign trade practices by domestic concerns (a) Prohibition It shall be unlawful for any domestic concern, other than an issuer which is subject to section 78dd-1 of this title, or … Read more »
Month: October 2008
Who is a Foreign Official under the FCPA?
The FCPA defines “foreign official” as: [A]ny officer or employee of a foreign government or any department, agency, or instrumentality thereof, or a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such … Read more »
Protecting Individual Privacy in the Struggle Against Terrorists
The National Research Council has published a new report finding that all U.S. agencies with counterterrorism programs that collect personal data should be required to evaluate the programs’ effectiveness, lawfulness, and impacts on privacy. In its press release, they summarize that “Collecting and examining data to try to identify terrorists inevitably involves privacy violations, since … Read more »
Kay – Certiorari Denied
The U.S. Supreme Court will not be reviewing the Fifth Circuit’s decision in Kay v. U.S. (cert denied shows up page 8 of the Orders List from October 6, 2008.) Kay argued that the FCPA didn’t apply to bribes to reduce taxes, or that if it applied, the “obtaining or retaining” language in the law … Read more »
Social Networking for Lawyers and Legal IT
I had the pleasure of hosting a lunch meeting for the International Legal Technology Association to talk about Social Networking for Lawyers and Legal IT. I was joined by Jenn Steele and Bob Ambrogi in talking about Facebook, LinkedIn, blogging, Twitter, Legal OnRamp and Martindale Connected. We looked at the ways we each use these … Read more »
Walking The Fine Line Of Compliance In China
Jeffrey M. Rawitz and Erica L. Reilley of Jones Day published an article in Mondaq: China: The Foreign Corrupt Practices Act: Walking The Fine Line Of Compliance In China. Four Suggestions for Avoiding FCPA Complications in China Any company seeking to avoid potential FCPA problems in China, or elsewhere, should start by developing a rigorous … Read more »