Second Edition of the DOJ/SEC FCPA Resource Guide Spotlights U.S. Enforcers’ Controversial Legal Interpretations

Eight years after publishing the Resource Guide to the U.S. Foreign Corrupt Practices Act, the DOJ and SEC issued a second edition on Friday evening of a holiday weekend. The updated guide includes new enforcement action examples, case law and policies. While there are no big surprises for those who stay on top of FCPA developments, Shearman & Sterling partner Philip Urofsky writes in this guest article that there are a few takeaways worth noting. He argues that the updates reflect the government’s continuing adherence to certain controversial interpretations of the statute, as well as some strong indications of new foci in the government’s evaluation of a company’s compliance and cooperation. See “Top Practitioners Analyze the New FCPA Guidance (Part One of Two)” (Nov. 28, 2012); Part Two (Dec. 12, 2012).

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