Weil, Gotshal & Manges LLP

The Wait is Over: DOJ and SEC Release Resource Guide to FCPA

Tyrrell, Steven A.Garcia, Christopher L.Benfield Ripa, Brianna N.Yates, Erin K.

(November 15, 2012, Weil Alert)


Yesterday, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) issued their long-awaited joint "Resource Guide to the US Foreign Corrupt Practices Act." As its name suggests, the hundred-plus page document is largely a compendium of existing pronouncements and publicly available information concerning the FCPA. As such, it usefully provides corporations with a single resource to consult when analyzing any FCPA issue. Unfortunately, the Resource Guide also leaves unanswered many questions regarding the statute's potential scope. Contrary to the hopes of many companies and practitioners, the Resource Guide leaves significant ambiguities in some crucial and contentious areas of FCPA enforcement.

To read a full analysis of the 2012 guidance, please follow this link.
   
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