Doing Business Under the Foreign Corrupt Practices Act (Second Edition) highlights recent enforcement actions under the U.S. Foreign Corrupt Practices Act (FCPA) and guides readers on developing internal compliance programs that detect and prevent illegalities, drafting compliant business agreements and contracts, satisfying the FCPA’s complicated accounting standards, and avoiding RICO violations, wire and mail fraud, and other legal missteps. It is an invaluable resource for corporate counsel, corporate executives and managers, and anyone who is responsible for business relationships with overseas partners or customers.

Key updates in the new release include:

• “Agency” Under the FCPA: The scope of the term “agent” as applied to a foreign national has received a lot of attention in recent cases such as United States v. Hoskins and United States v. Rafoi-Bleuler. See chapter 4 and chapter 11 for discussion of the reach of the FCPA with respect to foreign nationals operating outside the territory of the United States.
• ALJ Adjudications in FCPA Cases: In Jarkesy v. SEC, the Fifth Circuit held that the practice of imposing civil monetary penalties in administrative proceedings is unconstitutional. While not an FCPA enforcement action, the decision directly challenges the SEC’s reliance on ALJ adjudications in FCPA cases. See chapter 8.

In addition, the updated treatise offers information on the latest cases, enforcement actions, and settlements and provides several adaptable forms and templates (see the Related Items tab under “Forms”).

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PLI PLUS subscribers can access this title through their subscription.