On May 20, 2015, BHP Billiton, a global resources company and one of the world’s largest producers of coal, iron ore, copper, uranium, and nickel, settled Foreign Corrupt Practices Act (FCPA) charges brought by the charges U.S. Securities and Exchange Commission (SEC).
Texas Supreme Court: Companies Shielded from Defamation Claims for Statements in Internal Investigation Reports
Last week, the Texas Supreme Court joined the majority of jurisdictions in holding that a company enjoys an absolute privilege when providing the Department of Justice (DOJ) with an internal investigation report containing statements later alleged by an employee to be defamatory.
Given the prevalence of corruption and graft issues in various Latin American countries , it may come as a surprise to some that many of Latin America’s most notoriously “corrupt” countries have actually enacted fairly extensive anti-corruption laws in recent years, even as compared to the U.S. Foreign Corrupt Practices Act (“FCPA”).
So, we have covered the Foreign Corrupt Practices Act’s (“FCPA”) scope, but the FCPA anti-bribery provisions also contain certain exceptions and affirmative defenses.
For years, China has featured prominently in the US Department of Justice’s investigations under the Foreign Corrupt Practices Act, or FCPA.
Last week, Biomet Inc. announced in a filing with the U.S. Securities and Exchange Commission (SEC) that instead of its 2012 deferred prosecution agreement with the U.S. Department of Justice (DOJ) regarding violations of the U.S. Foreign Corrupt Practices Act (FCPA) expiring this week, the company would be monitored under it for an additional year.
Companies in the automotive industry would be wise to pay attention to Foreign Corrupt Practices Act (the “FCPA”) compliance. What has in the past been a risk management issue principally for massive multi-national corporations is now a real and serious risk for almost any company – large, medium or small; public or private – that sells products, manufactures or otherwise operates overseas.
China’s recently announced plan to restructure and consolidate its state-owned enterprises (SOEs) focuses on bolstering the private sector of its economy and creating economies of scale to allow Chinese companies to better compete internationally.
The consequences of an investigation into bribery allegations can be tricky for any manufacturing company, so it’s important to understand the U.S. anti-bribery provisions.