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Expert Analysis

Esquenazi In Korea: Identifying Instrumentalities Abroad

Law360, New York ( September 12, 2014, 10:05 AM EDT) -- Over the past three months, much has been written about the Eleventh Circuit's opinion in United States v. Esquenazi, the first federal appellate court decision that defined an "instrumentality" of a foreign government under the Foreign Corrupt Practices Act.[1] While the Esquenazi decision has been heralded as "historic," "landmark," and "long-awaited," it is not yet clear whether the opinion provides international companies with the much-needed guidance on which entities could be considered "instrumentalities" of a foreign government for FCPA purposes....

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