FCPA + Anti-Corruption Developments: End Of Summer Round-Up

With fall suddenly here, we find ourselves reflecting on the bounty of anti-corruption guidance in recent months. This guidance came from the judiciary, the United States Department of Justice, the SEC, and from overseas.

Here are some highlights:

Greater Judicial Guidance on the Contours of the FCPA

Historically, defendants have settled virtually all FCPA actions, leaving pivotal legal questions unanswered by the courts. But individuals facing prison terms—and, for the first time ever, a company—have started to fight. These recent fights yielded challenges by litigants and valuable new judicial guidance on who constitutes a "foreign official" and on the jurisdictional reach of the FCPA.