FCPA Compliance and Ethics Blog

February 10, 2012

Two Great Upcoming Webinars

There are two upcoming FCPA and compliance webinars that I want to tell you about. They will provide to you some excellent information on the FCPA and compliance in general.

First is myself and Patrick Kelkar, partner at The Mintz Group. We will present a webinar, hosted by Ethics Point on Tuesday, February 14 at 1 PM EST. We will discuss altering areas of FCPA enforcement that present higher or different risk as evidenced by recent legal actions. Patrick will use the incredibly fabulous resource of the The Mintz Group’s new “Where the Bribes Are” FCPA heat map to lead a discussion of new trends in the marketplace, specifically around new areas that present greater or different FCPA risks. We will use it to explore examples of industry-specific FCPA cases in Energy/Defense/Aero and geographically specific cases, such as Brazil. Lastly we will discuss specific cases associated with new minimum best practices moving forward (specifically Johnson & Johnson and Aon). For information, click here.

Second, my “This Week in FCPA” colleague Howard Sklar squares off in a battle royal with the FCPA Professor, Mike Koehler, in a discussion/debate on the merits of a compliance defense under the FCPA. The event is hosted by Bruce Carton at Securities Docket and is scheduled for Tuesday, February 21 at 12 noon, EST.

Drawing upon his just-released paper on the topic (“Revisiting a Foreign Corrupt Practices Act Compliance Defense”), Professor Koehler will argue in favor of Congress creating an FCPA compliance defense. He will explain why the unique aspects and challenges of complying with the FCPA in the global marketplace warrant a specific FCPA compliance defense and how the DOJ already recognizes a de facto FCPA compliance defense, albeit in opaque, inconsistent and unpredictable ways. Howard Sklar contends that there are two overriding reasons why Congress should not include a compliance defense to violations of the FCPA. Sklar contends that corporations will not see any incremental benefit from making effective compliance a defense, and, moreover, that taking discretion out of the hands of the prosecutors will create unintended and adverse consequences that will more than offset any slight benefit corporations may obtain. For information, click here.

I hope that you can attend both of these great events.

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