FCPA Year in Review

This class, presented by Gibson Dunn partner Lee Dunst, will provide guidance for companies doing business internationally on the latest anti-corruption-related developments, including enforcement actions under the Foreign Corrupt Practices Act (FCPA) and other global anti-corruption laws. Recent enforcement activity under the FCPA will be discussed, as well as the Department of Justice's (DOJ) Pilot program and the Securities and Exchange Commission’s (SEC) whistleblower program. The FCPA was a top priority in 2016, which ended as a precedent-setting year for the FCPA. The DOJ and SEC brought the highest number of enforcement actions, resulting in a significant year of enforcement. This increase in enforcement activity continued into early 2017 in the final days of the Obama administration. The agencies’ priorities for 2017 under the Trump Administration will also be covered.

Topics to be discussed include overview of the FCPA statute; recent trends in enforcement, including increased resources, focus on individuals, key geographic areas, DOJ Pilot program, and SEC whistleblower program; renewed enforcement focus on financial services and pharma; recent legal developments; and observations regarding the Trump Administration’s approach to the FCPA.

Learning Objectives:

1. Understand the latest anti-corruption-related developments and enforcement activity in 2016 and the DOJ and SEC’s priorities in 2017
2. Identify the impact of these developments and trends
3. Analyze the implications for increased reporting under the SEC whistleblower program and the DOJ’s FCPA pilot program