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Expert Analysis

An Offensive Use Of The FCPA?

Law360, New York ( October 16, 2014, 10:20 AM EDT) -- Several months ago, we were browsing through a forthcoming law journal article on the Foreign Corrupt Practices Act. (Koehler, Mike, Foreign Corrupt Practices Act Ripples (June 12, 2014). American University Business Law Review Vol 3.3.) A chilling entry in the article's table of contents read, "Offensive Use of the FCPA" — and it made us stop in our tracks. Surely not an offensive FCPA! Is there even more for companies to worry about in the FCPA enforcement realm than the aggressive programs already instituted by the U.S. Department of Justice and the U.S. Securities and Exchange Commission?...

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