FCPA Enforcement Trends & Predictions (2019 Update)

This program will provide an overview of notable developments and trends in the Foreign Corrupt Practices Act (FCPA) anti-bribery enforcement in 2018. Presenters Jay Holtmeier and Lillian Potter will analyze what these developments suggest about the priorities of the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). In examining recent FCPA resolutions, this program will explore recent FCPA settlements, case law, and enforcement trends, including, among other things: resolutions following the DOJ's new "no piling on" policy, declinations and other resolutions under the DOJ's Corporate Enforcement Policy, the DOJ's new corporate monitor policy, trends in the SEC's use of internal controls provisions to bring FCPA charges, the SEC's abandonment of its "broken windows" enforcement strategy, limitations on jurisdiction over foreign nationals under U.S. v. Hoskins, and increased cross-border cooperation and global enforcement.

This program will close with predictions as to what these trends might mean for voluntary disclosures, investigations, and corporate compliance in the coming years.

Learning Objectives:

1. Review recent developments in anti-bribery enforcement actions and recent FCPA developments
2. Assess what these trends suggest regarding the DOJ's and SEC's priorities and enforcement strategies
3. Discuss what companies can do to bolster their compliance programs to mitigate anti-corruption risks and address FCPA issues when they arise