FCPAméricas Blog

Best Practices for FCPA Investigation Document Holds

Author: Carlos Ayres

DocHoldsFCPAOnce an allegation of a potential FCPA violation has been made, companies should investigate it and fully document their work. The preservation of relevant documents as early as possible is one of the most important steps to a credible investigation.

The exact steps to be taken to preserve documents will depend on a number of factors, including the scope of the investigation and the size of the company. They will almost always include the issuance of a “document hold.” This is a formal communication to employees who may have relevant information stating that they should not destroy any documents related to a specific matter until further notice.

Document holds are a basic expectation ... Read more

Exercising FCPA Audit Rights: Tips for Practitioners

Author: Carlos Ayres

FCPAAuditRightsFCPA 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 choose to exercise these rights. This post provides four practical tips for exercising audit rights.

Think ahead. Companies should be prepared to exercise audit rights and take steps to reduce difficulties in exercising them long before they have to do so. In Latin America, for example, the enforceability of audit claus... Read more

FCPA Risks When Bubbles Burst in Latin America

Author: Matteson Ellis

FCPA CliffThere is a lot of talk right now about whether Brazil can maintain the impressive growth it has experienced in recent years. On February 14th, a Financial Times headline read, “Brazil housing bubble fears as economy teeters,” while The Wall Street Journal reported, “Brazilian data released Friday suggest economic growth has weakened over the past two quarters, illustrating how far a country once considered the darling of emerging-market investors has fallen.” Similar reports are appearing each day.

If Brazil’s economy declines, it will be yet another example of a boom and bust cycle, which is common in Latin America. Not only do countries experience these cycles, the region on the whole is also kn... Read more


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