On July 3, 2020, the U.S. Department of Justice (the DOJ) and the Securities and Exchange Commission (the SEC) jointly released the second edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act (the Guide), updating the first edition that was issued in November 2012. The Guide maintains the general structure and content of the previous edition and does not contain any unexpected updates in light of Foreign Corrupt Practices Act (FCPA) developments over the past eight years. It does, however, update the DOJ’s and the SEC’s stated enforcement positions and statutory interpretations, based on policy announcements, enforcement actions, and the expanding case law interpreting the FCPA (due to an increasing number of individual defendants who have challenged FCPA prosecutions — and the government’s aggressive positions — in recent years). Reflecting another instance of the government’s increased efforts in transparency regarding FCPA enforcement, this new Guide will be a key resource for companies across the spectrum of FCPA compliance, investigation, and enforcement issues. This Client Alert analyzes some of the key developments in the Guide.
Sidley’s White Collar practice spans the globe and is consistently recognized as a leader for criminal investigations, agency enforcement actions, False Claims Act matters, and other governmental inquiries and litigation. If you have questions regarding this update, please contact the Sidley lawyer with whom you work, or one of our White Collar partners or counsel.
James M. Cole, email@example.com
Karen A. Popp, firstname.lastname@example.org
Thomas C. Green, email@example.com
Mark D. Hopson, firstname.lastname@example.org
Jeffrey T. Green, email@example.com
Frank R. Volpe, firstname.lastname@example.org
Kristin Graham Koehler, email@example.com
Colleen M. Lauerman, firstname.lastname@example.org
Leslie A. Shubert, email@example.com
Gordon D. Todd, firstname.lastname@example.org
Angela M. Xenakis, email@example.com
Brian P. Morrissey, firstname.lastname@example.org
Ellen Crisham Pellegrini, email@example.com
Craig Francis Dukin, firstname.lastname@example.org
Jack W. Pirozzolo, email@example.com
Doreen M. Rachal, firstname.lastname@example.org
Douglas A. Axel, email@example.com
Ellyce R. Cooper, firstname.lastname@example.org
Associates Sally Bohmfalk, Allison L. Dapper, Emmanuel Hampton, and P. Kai Knight contributed to this Sidley Update.
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