Celesq® Attorneys Ed Center

Celesq® Upcoming Webcasts

Date Published: 01/21/2021

The Foreign Corrupt Practices Act: For Small and Medium Size Businesses and Their Owners

The Foreign Corrupt Practices Act is a major source of liability for US companies doing business abroad as well as for non-US companies with subsidiaries, listings or even transient contacts in the US. Many of the high-profile cases over the past decade have involved large multinationals such as Total, Alcatel, Eni and Tyson Foods. But the SEC and DOJ are increasingly turning their attention to individuals as a means of putting teeth in the FCPA. In addition, smaller companies have been caught in the cross-hairs of the US regulators and have faced fines reaching in the tens of millions of dollars—very significant amounts for smaller companies. Finally, the reputational risk associated with an SEC or DOJ enforcement action can permanently damage a company’s goodwill regardless of its size. As a result of the foregoing, small and medium sized businesses and their owners would be well advised to be familiar with this area of the law and the means of avoiding potential liability. The course will provide an overview of the FCPA, the types of situations that can create risks for businesses and their owners, and key “red flags” managers should be able to spot and address. The course will then focus on how to implement a compliance, training, and company-wide policy that will help avoid problems and demonstrate to regulators that any issues were the result of “rogue” actors rather than lax policies that could be traced to top management. Finally, the course will focus on the practical steps a company can take to perform an internal investigation before enforcement action occurs if management becomes aware of a potential problem and how and when to cooperate with the regulators in the event issues come to the attention of the SEC or the DOJ. Because Dunnington is firm with a strong international focus and attorneys qualified in multiple jurisdictions with a wealth of linguistic abilities, the course will focus on areas where the firm has particular strengths: Latin America, France and the Francophone world, and Italy. The course is not limited to these jurisdictions, but Dunnington’s in-depth knowledge of these markets can provide color and context that a more US-centric approach would lack.

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