A Resource Guide to the Foreign Corrupt Practices Act

Jack Goldsmith
Wednesday, November 14, 2012, 9:38 PM
Today the DOJ and SEC released a joint Resource Guide to the Foreign Corrupt Practices Act.  One difficulty with complying with the sometimes-maddeningly-indeterminate FCPA is that there are very few judicial decisions interpreting it.  (And there are few decisions interpreting it because firms almost always settle rather than risk going to trial.)  I have not read the Guide yet, but the WSJ Law Blog excerpts β€œinteresting and help

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Today the DOJ and SEC released a joint Resource Guide to the Foreign Corrupt Practices Act.  One difficulty with complying with the sometimes-maddeningly-indeterminate FCPA is that there are very few judicial decisions interpreting it.  (And there are few decisions interpreting it because firms almost always settle rather than risk going to trial.)  I have not read the Guide yet, but the WSJ Law Blog excerpts β€œinteresting and helpful tidbits” and collects reactions from the bar.

Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
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