Negotiating in the Shadow of the Foreign Corrupt Practices Act

About the Course:

"Foreign Corrupt Practices Act enforcement is stronger than it's ever been - and getting stronger," declared Assistant Attorney General Lanny A. Breuner on November 16, 2010. In 2010, U.S. regulators nearly doubled the number of enforcement actions over the record set in 2009 and obtained eight of the ten highest fines on record.

Similar anti-corruption measures are being promulgated all over the world. For instance, the UK Anti-Bribery Act is expected to be at least as far reaching as the FCPA. Also, international bodies such as the World Bank are coordinating the efforts of enforcement personnel from around the globe.

The FCPA and similar Acts will impact negotiations of every kind that are conducted in developing countries. Professionals involved with negotiating government contracts, acquisitions, licensing, manufacturing, and distribution are among those that cannot afford to be unaware of the reach and consequences of the FCPA. Everyone that seeks government approvals from instrumentalities of developing countries should listen to this webinar.

The following are among the issues discussed:

  • How are terms such as "foreign official", "corruption", "anything of value" defined under the FCPA?
  • How can senior executives become ensnared by the FCPA under the theory of "willful blindness"?
  • What are some of the local law and facilitating payment exceptions to the FCPA?
  • How can you use your compliance with the FCPA to negotiate favorable rates from your local advisors?
  • What are the accounting and internal control requirements under the FCPA?
  • How should the FCPA affect due diligence in preparation for making acquisitions? To what extent do liabilities under the FCPA transfer to acquirers?
  • How can hiring patent examiners on a consultancy basis to assist with translations embroil you in FCPA matters?
  • What are the monetary penalties associated with violating the FCPA? When can violating the FCPA land you in jail?

Course Leader: Sharie A. Brown, Partner, DLA Piper

Sharie A. Brown is the chair of the Foreign Corrupt Practices Act (FCPA), Anti-Corruption and Corporate Compliance practice group and a partner in DLA Piper's Litigation practice, based in Washington, DC. Ms. Brown represents multinational corporations and conducts internal investigations, audits and transactional due diligence worldwide in the areas of the Foreign Corrupt Practices Act (FCPA), OFAC compliance and export controls, corporate ethics and compliance, World Bank procurement frauds, Economic Espionage Act (EEA) and USA Patriot Act anti-money laundering.

Course Length: Approx. 1 hour


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Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at