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Michael Kuria Contributing Editor

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Entries in Defenses (106)

Thursday
Aug152013

What's changed under the UK Bribery Act? Due diligence in mergers and acquisitions

Two years after the Bribery Act 2010 came into force, the hysteria surrounding the Act has abated. There are fewer media pundits pronouncing the end of UK plc as we know it and there are fewer newly invented “legal experts” opining on an area they knew little or nothing about but which they saw as a potential earner to fill the gaping hole left by declining litigation and commercial transactions.

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Tuesday
Dec042012

A compliance lesson from middle school

The seventh grade shop teacher said, 'Always cut the wood on the way side of the line. That protects against mistakes. You can shorten a board, but you can never make it longer.'

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Wednesday
Nov142012

DOJ and SEC release 'unprecedented' joint FCPA guidance

The DOJ and SEC today released a 120-page FCPA resource guide.

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Wednesday
Sep052012

For Harris Corp, Echoes of History

Here's a note from a U.S. reader:

Dear FCPA Blog,

As noted in the Wall Street Journal, Harris Corporation is currently investigating bribery in China.
 
This is not its first brush with the FCPA. 

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Monday
Aug272012

Revive Jacobson's Good-Faith Compliance Plan

News in April about Wal-Mart's bribery embroglio in Mexico killed the debate about FCPA reform. Too bad. Parts of that debate were productive and could have led to some welcome changes.

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Thursday
Jul262012

Compliance Program Rankings – What Factors Really Matter?

Examining compliance programs of 105 publicly listed multinational companies, TI's Compliance Program Rankings rate the best and worst companies for transparency.

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Friday
Jun292012

New Proposal For FCPA 'Adequate Procedures' Defense

Jon Jordan propose his own version of an adequate procedures defense to the FCPA.

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Wednesday
May162012

Feds: Widespread Corruption Is No Defense

Paul Cosgrove and David Edmonds want a jury instruction about 'customary practices' in some of the countries where their employer, CCI, did business.

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Wednesday
May092012

Facilitation: A Jury Question

Payments to government employees in exchange for the performance of a non-discretionary function such as issuance of a license or a permit occur far more often than bribes to government officials in exchange for assistance in winning a government contract.

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Thursday
Apr262012

The Good Faith Compliance Defense, Unscathed

Let me be blunt: assuming the allegations to be true, had the FCPA been amended to include a good faith compliance defense, Wal-Mart would not be eligible for it.

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