2013 Year-End FCPA Update

January 8, 2014

from Gibson Dunn FCPA OVERVIEW The FCPA’s anti-bribery provisions make it illegal to corruptly offer or provide money or anything of value to officials of foreign governments or foreign political parties with the intent to obtain or retain business.  The anti-bribery provisions apply to “issuers,” “domestic concerns,” and “agents” acting on behalf of issuers and…

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Becoming an FCPA-Savvy Director

January 3, 2014

by Homer E. Moyer, Jr., Miller & Chevalier How can directors, who are not management, but whose responsibilities extend to their companies’ anti-corruption compliance programs, meaningfully help the companies they serve?  One answer is: by becoming FCPA-savvy directors. In defining how a board member can be a knowledgeable and valuable company resource in managing FCPA…

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Conflict Minerals and Resource Extraction Rules – Status Check and Some Takeaways

August 15, 2013

by Sanjay M. Shirodkar, DLA Piper The Dodd-Frank Act of 2010 required the Securities and Exchange Commission (SEC) to adopt new rules for SEC reporting companies (domestic and foreign) that use “conflict minerals” originating from certain countries (the “Conflict Minerals Rules”).  The Act also required the SEC to adopt new rules that require “resource extraction…

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Risk Oversight in China Operations

July 9, 2013

Third Quarter 2013 Corporate Board Member by Matthew Solum, Kirkland & Ellis LLP So far this year, a series of Delaware cases has underscored the duty of directors to oversee operations overseas and, specifically, in China. The allegations in the cases follow a strikingly similar pattern. Each of the cases involved a corporation that was…

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The Global Transformation in Laws Against Foreign Bribery

July 8, 2013

by Homer Moyer, Miller & Chevalier Board members, who need to be vigilant about the corruption risks their company faces and about its anti-corruption program, will benefit from being aware of profound changes that are underway internationally in laws prohibiting bribery of government officials.  Although board members need not become legal experts, they can better…

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