On November 14, 2012, the U.S. Department of Justice and the Securities and Exchange Commission issued extensive and long-awaited guidance on the interpretation and enforcement of the Foreign Corrupt Practices Act. This landmark guidance provides the views of the U.S. enforcement agencies on a wide range of FCPA issues of significant concern to the global business community. Prosecutors, regulators and courts likely will rely heavily on this guidance in making decisions regarding the application of the FCPA, and companies will expect their counsel and other advisors to be thoroughly familiar with the guidance. This breakfast seminar will review the key aspects of the new FCPA guidance and their implications for corporate compliance programs and future FCPA enforcement activity.

Our seminar will address the newly issued guidance on topics including the following:

  • Essential elements of an FCPA compliance program
  • Jurisdictional reach of the FCPA
  • Meaning of "foreign official" and "government instrumentality"
  • Treatment of de minimus gifts and hospitality
  • Standard for corporate criminal liability
  • Parent company liability for conduct at a subsidiary
  • Successor liability, including pre- and post-closing due diligence in M&A transactions
  • Different types of resolutions with U.S. enforcement agencies

Speakers:
Paul R. BergerPaul R. Berger
Partner, Debevoise & Plimpton LLP





Andrew M. LevineAndrew M. Levine
Partner, Debevoise & Plimpton LLP





Bruce E. YannettBruce E. Yannett
Partner, Debevoise & Plimpton LLP





Bruce E. YannettErich O. Grosz
Counsel, Debevoise & Plimpton LLP