Overview of Recent FCPA Guidance

December 31, 2012

On December 13, 2012, Morgan Lewis presented a one-hour webinar discussing the long-awaited guide to the Foreign Corrupt Practices Act's (FCPA's) criminal and civil enforcement provisions.

This webinar included a brief overview on the origins of the guide, including its intended purpose, and offered guidance on how to best utilize the material contained therein, as well as how the guide pertains to specific steps in the life cycle of a typical FCPA enforcement action.

Topics of discussion included:

  • Maximizing compliance in order to prevent misconduct from occurring, with emphasis on the guide's treatment of pre- and post-acquisition due diligence, vetting of third parties, and optimizing compliance programs
  • Understanding how enforcement authorities assess corporate civil and criminal liability in determining the type of enforcement action to pursue if misconduct does occur
  • Analysis of issues raised in resolving potential enforcement actions, including voluntary disclosure and remediation, and discussion of the historical declinations as reported in the guide
  • An overview of recent FCPA enforcement trends