How to effectively manage litigation of FCPA claims

Such large and complex matters require intense litigation management to be handled effectively

Since the beginning of 2014, the Department of Justice (DOJ) has filed more than six cases involving the Foreign Corrupt Practices Act (FCPA), and the Securities and Exchange Commission (SEC) has commenced two enforcement actions. In April, April the SEC and the DOJ announced settlements with Hewlett Packard Co. (HP) for alleged violations of the FCPA. As part of the settlement, a Russian subsidiary of HP admitted it paid bribes to obtain a technology contract with the Russian government. The settlement reportedly will cost HP $76.8 million in criminal penalties.

The FCPA prohibits U.S. companies from bribing foreign government officials. The improper acts can include non‑monetary “favors” or items that traditionally may have been considered “gifts.” The U.S. government is attempting to draw a line between appropriate practices and illegal activities.

Contributing Author

author image

David McMahon

David McMahon is the Managing Partner in Barger & Wolen LLP’s San Francisco office. His practice focuses on large complex litigation. He has worked on...

Bio and more articles

Contributing Author

author image

Robert G. Levy

Robert Levy is a partner in the San Francisco office of Barger & Wolen LLP. For the past 33 years, he has been defending major...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.