FCPAméricas Blog

Adding It Up: Why FCPA Investigations Are So Expensive

Author: Matteson Ellis

FCPAInvestigationCostsWhen considering FCPA liability, companies need to factor in not only the potential fines and penalties associated with a violation. They also need to consider the costs associated with a government investigation, costs that are often overlooked but can be considerable.

FCPA investigation costs regularly climb into the millions of dollars. While Stryker paid just over $13 million in its settlement with U.S. authorities, it also spent a reported $75 million on its investigation. (That matter included transactions in Argentina and Mexico, among other countries, described by FCPAméricas here... Read more

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

Author: Matteson Ellis

UpjohnFCPAAttorneys 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 scare the living daylights out of interviewees. This presents particular problems with foreign interviewees who are unused to U.S. law (and U.S. lawyers). Foreigners may confuse Upjohn warnings with the formal reading of Miranda rights they have seen on TV, causing alarm and an unnecessarily chilling effect on the interview.

The Basics

Generally, a ... Read more

FCPA Contract Provisions for Latin American Third Parties: Other important provisions

Author: Carlos Ayres

FCPAContractProvisionsThis post is third in a series regarding local particularities that multinationals should take into account when drafting FCPA contract provisions for Latin American counterparties. Part I of this series describes how to avoid pitfalls in connection with audit rights clauses. Part II discusses complexities in requiring third parties to ac... Read more


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