Regulatory: Start worrying about the FCPA “rocket docket”

The DOJ and SEC’s recent guidance overshadowed this potentially significant development

The recently-announced (and long-awaited) FCPA Guidance is not only explicitly non-binding on government enforcers, but it is also lacking any true “news” concerning the Department of Justice’s (DOJ) and Securities and Exchange Commission’s (SEC) FCPA enforcement positions. That said, the guidance, issued on Nov. 14, does add significant value by collecting the agencies’ prior opinions and providing helpful clarifications and hypothetical case studies for corporate counsel.

The guidance, moreover, highlights the importance of effective anti-corruption compliance programs, identifying the basic elements the DOJ and the SEC consider when evaluating such programs. More specifically, the 120-page guidance addresses, among other things:

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T. Markus Funk

T. Markus Funk is a White Collar Defense and Internal Investigations partner at Perkins Coie, where he co-heads the firm’s Corporate Social Responsibility...

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Contributing Author

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Elizabeth Banzhoff

Elizabeth M. Banzhoff is an associate at Perkins Coie in Denver. She previously served as a law clerk to Judge Richard Smoak, U.S. District Court...

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