(Wal-Mart Bribery Allegations: Initial Impressions by Thomas Fox) In a stunning revelation this weekend, the New York Times reported on millions of dollars in bribes spent by Wal-Mart de Mexico – and covered up by Wal-Mart’s board and senior management – to support the unit’s rapid expansion to market dominance in Mexico. If the allegations… Read more »
Open (your wallet) wide and say “Aaah” – late last month, medical device manufacturer Biomet, Inc. paid more than $20 million to settle charges that it bribed doctors around the world to boost sales of its products over an eight-year period. It’s the latest in a long line of recent settlements over violations of the… Read more »
For your reference, a roundup of commentary and analysis on a broad range of legal matters relevant to companies active in Europe: Competition Law Below-cost Pricing by a Dominant Company May Not Constitute a Breach of EU Competition Law (K&L Gates LLP) “A recent European Court case has confirmed that a dominant firm will not… Read more »
Seven international updates caught our eye today. For your reference: Russia Accedes to OECD Anti-Bribery Convention (Dinsmore & Shohl) “The law defines foreign government official to include any appointed or elected official who has a position in any legislative, executive, administrative, or judicial branch of a foreign country or an individual who serves any public… Read more »
Brazil is making its foreign bribery bill easier to understand, which should help companies doing business in the country build and refine their compliance strategies. From anti-corruption lawyer Matteson Ellis: “The amendments clarify and boost the voluntary disclosure program, which should be a welcomed change for companies. In the earlier version, companies that self reported… Read more »
International law firm White & Case has produced a useful overview of recent judicial decisions regarding the definition of “foreign official” and “instrumentality” of the government under the Foreign Corrupt Practices Act. Their analysis highlights an important issue for businesses that interact with foreign state-owned companies: “… courts faced with challenges to charges based on… Read more »
Law firm Sheppard Mullin looks at the Chinese government’s efforts to clean up corruption throughout the country and issues a warning to foreign companies doing business in China: “In a June 2011 report issued by the People’s Bank of China (and as prepared by the China Academy of Social Sciences) the PRC government found 18,000… Read more »
Two recent updates on corruption and bribery provide important perspective on the challenges for multinationals in complying with the US Foreign Corrupt Practices Act and the UK Bribery Act. From law firm Warner, Norcross & Judd, a warning for companies doing business outside the United States that US officials – and the courts – continue… Read more »
From law firm Thompson Coburn, a useful advisory on the importance of extending compliance efforts across all links in the corporate supply chain: “A failure to coordinate the compliance systems of the principal/exporter and the logistics services provider creates a substantial missed opportunity for enhancing compliance and invites liability that can be easily avoided.” Read… Read more »
We’re looking forward to reading the recently published Lessons Learned on Compliance and Ethics: The Best from the FCPA Compliance and Ethics Blog, written by FCPA lawyer (and regular JD Supra contributor) Thomas Fox. Here’s an excerpt: “It cannot be emphasized too strongly that the Bribery Act is significantly stronger than the FCPA… All the… Read more »
“All too often, I hear complaints about compliance officers, general counsels, and outside counsels, who are the so-called ‘deal-killers’ or ‘doomsayers.’ The challenge within any organization is not to stop the work but to consult and advise on ways to meet the requirements of the law and figure out a way to make it work.… Read more »
Companies doing business in Brazil or Canada (or both) will want to read two recent updates regarding proposed legislation that would give authorities additional tools and greater powers to fight corruption in those countries. The first, from Osler, Hoskin & Harcourt LLP, provides an in-depth overview of proposed new laws that would strengthen Canada’s ability… Read more »
