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Exercising FCPA Audit Rights: Tips for Practitioners

FCPA enforcement actions in the recent past, as well as the FCPA Guidance, highlight the importance of including audit rights in written contracts with third-party contractors. But just including them is not enough. The Assistant Director of the SEC’s FCPA Unit, Tracy Price, has publicly stated that enforcement agencies are also looking at how companies […]

Author: Carlos Ayres

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Chronicle of a Bribe Foretold: ADM in Venezuela

A gripping cautionary tale is hidden in the Statement of Facts attached to the Archer Daniels Midland (ADM) non-prosecution agreement (NPA). The NPA, which ADM signed with the DOJ last December, related in part to FCPA violations in Venezuela, as well as Ukraine. The total FCPA settlement amount was $54.3 million. In summarizing the underlying […]

Author: Matthew Fowler

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What FCPA Enforcement is Thinking in 2013

What is the current thinking of FCPA enforcement officials at the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC)? At ACI’s 30th International Conference on the FCPA this year, two top officials provided insights (they clarified that their statements reflected their own views and not the views of their respective agencies). […]

Author: Matteson Ellis

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Ensuring Your “Upjohn” Does Not Sound Like “Miranda”

Attorneys conducting FCPA interviews generally start with a routine “Upjohn” warning – a sort of lawyerly throat-clearing. But to interviewees hearing this warning for the first time, it can be startling. In-house lawyers have reported to me that outside U.S. counsel are generally terrible at providing an Upjohn warning in a way that does not […]

Author: Matteson Ellis

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FCPA Contract Provisions for Latin American Third Parties: The obligation to actively report certain information

Recent FCPA enforcement actions have required companies to include compliance clauses in agreements entered into with third parties. This includes, among other things, representations related to compliance with anti-corruption laws, rights to conduct audits, and rights to terminate the agreement for any breach of anti-corruption laws and representations. A previous post discussed the difficulties faced […]

Author: Carlos Ayres

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