WilmerHale Team Updates Essential Foreign Corrupt Practices Act Treatise

WilmerHale Team Updates Essential Foreign Corrupt Practices Act Treatise

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As practitioners at the forefront of issues involving the US Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws, WilmerHale Partners Kimberly Parker, Jay Holtmeier, and Erin Sloane, Senior Counsel Roger Witten, and Special Counsel Lillian Potter recently published the 10th edition of Complying with the Foreign Corrupt Practices Act.

The treatise has been substantially revised and reorganized and serves as an up-to-date resource for those seeking to navigate their way through the requirements of the FCPA and other similar laws in an environment of active enforcement by the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC), as well as other law enforcement authorities around the world. Among other things, the recent edition focuses on changes to the DOJ and SEC’s enforcement approach to the FCPA since the publication of the 9th edition of the treatise in 2016, as well as international anti-corruption legal developments.

Lawyers in the firm published the first edition of the treatise in 1997, long before the FCPA became well known, and the treatise has become even more useful as enforcement efforts (and corresponding compliance efforts) have skyrocketed over the last 15 years. The treatise serves as a guide to understanding the basics of the FCPA, many of the nuances in its interpretation and enforcement, and fast-changing developments in the law. WilmerHale Counsel Tico Almeida, Tetyana Gaponenko, Justin Goodyear, Victoria Lee, Chavi Keeney Nana, Emily Stark, along with numerous others, also contributed to the new edition.

Complying with the Foreign Corrupt Practices Act is comprised of 14 substantive chapters and contains resource materials, statutes, advisory opinions, and treaties, along with additional information. Among the topics covered are the FCPA’s historical background; its anti-bribery and accounting provisions; jurisdictional issues; issues relating to risks associated with the provision of gifts, hospitality, travel, internships, employment, and other “things of value” under the FCPA; issues relating to risks associated with the use of foreign third-party intermediaries; issues in mergers and acquisitions; issues that frequently arise in FCPA investigations and resolutions of those investigations, including discussion of developments and trends in the enforcement arena; key elements of an effective anti-corruption compliance program; international anti-corruption treaties and organizations; and international anti-corruption legislation and enforcement activity in nine key countries.

Complying with the Foreign Corrupt Practices Act is published by Matthew Bender & Company, a member of the LexisNexis Group.

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