Demystifying the U.S. Foreign Corrupt Practices Act (Part II)

FCPA enforcement actions frequently are costly and time consuming, but they can be avoided with care

In Part I of this article, we discussed the Foreign Corrupt Practices Act (FCPA) and the resource guide that accompanies it (“the Guide”). The Guide aims to define the terms of the FCPA and help clarify what exactly is and isn’t covered by its parameters. However, as we addressed, these terms are subject to ambiguity due to the cultural and linguistic variables associated with certain concepts and phrases, which can put the parties involved on very different pages of the same book. The second part of our article will explore some of the circumstances in which these variables often have a complicating effect, as well as look at what international businesses can do to sidestep these challenges.

Linguistic variables and real-world scenarios

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Barry M. Sabin

Barry Sabin is a partner in the Washington, D.C. office of Latham & Watkins, where his practice is focused on white collar criminal investigations and...

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Contributing Author

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Jason S. Perkins

Jason Perkins is the director of TransPerfect Legal Solutions’ (TLS) anti-corruption practice group. TLS is a member of the TransPerfect family of companies. Mr. Perkins...

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Joseph Bargnesi

Joseph Bargnesi is an associate in the Washington, D.C. office of Latham & Watkins. He has experience representing clients in complex civil litigation, white collar...

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