A Resource Guide to the Foreign Corrupt Practices Act

Jack Goldsmith
Wednesday, November 14, 2012, 9:38 PM
Today the DOJ and SEC released a joint Resource Guide to the Foreign Corrupt Practices Act.  One difficulty with complying with the sometimes-maddeningly-indeterminate FCPA is that there are very few judicial decisions interpreting it.  (And there are few decisions interpreting it because firms almost always settle rather than risk going to trial.)  I have not read the Guide yet, but the WSJ Law Blog excerpts “interesting and help

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Today the DOJ and SEC released a joint Resource Guide to the Foreign Corrupt Practices Act.  One difficulty with complying with the sometimes-maddeningly-indeterminate FCPA is that there are very few judicial decisions interpreting it.  (And there are few decisions interpreting it because firms almost always settle rather than risk going to trial.)  I have not read the Guide yet, but the WSJ Law Blog excerpts “interesting and helpful tidbits” and collects reactions from the bar.

Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

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