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Publications
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01.2024Foreign Corrupt Practices Act
Book Chapter
2024 Society of Corporate Compliance and Ethics (SCCE)
Compliance and Ethics ManualThe chapter discusses effective best practices for topics ranging from recordkeeping and internal controls, anti-bribery, affirmative defenses, and trends and developments to penalties, the US Travel Act, and UN, OECD, and various country specific (UK, Canada, France, Brazil, etc.) anti-bribery instruments. -
07.11.2023Mapping Future Enforcement in US Gaming Law Based on Recent UK EnforcementUpdatesRegulated gaming is booming in the United States. This is particularly true of newer forms of gambling, such as skill games, fantasy sports, and social casino games played on the internet and mobile applications.
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01.21.2022The Compliance Suite: Tools to Reduce Supply-Chain RiskArticlesNever before have companies been exposed to risk from their supply chains like they are today. Modern production chains are made up of complicated, expansive supply streams that reach across dynamic legal and regulatory environments.
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06.25.2021Supply Chain Compliance: Products From ChinaUpdatesThere has been much attention focused on Beijing’s labor policies and practices toward the Uyghur Muslim population and other minority groups in China. Given that the western Xinjiang region is responsible for approximately one-fifth of the world’s cotton supply, many industry players are finding compliance issues a challenge.
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07.20.2020Alerting Practitioners to the (Undiscovered) Magic of Mandatory Criminal Reporting Statutes
Book Chapter
American Bar Association – The State of Criminal Justice 2020Chapter 6
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03.20.2020T. Markus Funk, Lilian Timmermann, and Marcus Haggard Co-Author “The Hidden Magic of Mandatory Crime Reporting Laws”ArticlesWhite collar attorneys regularly discover crimes like theft, bribery, and embezzlement committed by current or former employees and competitors. This article analyzes how mandatory reporting laws, like Colorado’s, provide formal legal “cover” for disclosure of suspected misconduct and suggests best practices for reporting crimes to authorities on behalf of clients.
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08.12.2019American Indian Tribes and “Foreign Officials” Under the FCPABlogsOne of the many challenges companies face when assessing their Foreign Corrupt Practices Act (FCPA) liability is determining whether a potential business partner constitutes a “foreign government official” under the FCPA. From a definitional perspective, the FCPA is far from a model of clarity on this point.
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04.03.2019Understanding the UK’s Impending “Name and Shame” Approach for Ridding Supply Chains of Forced LaborUpdatesThe U.K. Modern Slavery Act of 2015, which was modeled after the California Transparency in Supply Chains Act, requires companies falling under its jurisdictional hook (and there are many) to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively “forced”) labor from their supply chains.
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04.01.2019UK's New 'Name And Shame' Approach To Anti-TraffickingArticles
Law360
This article unearths a little-known U.K. Home Office tender announcement underscoring why and how companies falling under the U.K. Modern Slavery Act of 2015’s jurisdiction (and there are many) must get their supply chain disclosures ready for prime-time, lest they risk receiving a starring role on the U.K. Home Office’s contemplated “naming & shaming” list of non-compliant companies and be otherwise subjected to official enforcement actions. -
02.12.2019Revisiting Agency Liability Under the FCPA Post-HoskinsBlogsIn United States v. Hoskins, 902 F.3d 69 (2d Cir. 2018) the Second Circuit held that a non-resident foreign national cannot be criminally liable for aiding and abetting or conspiring to violate the FCPA unless the government can establish that such an individual acted as an agent of one of the categories of persons subject to liability as a principal.
White Collar Briefly Blog
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U.S. Congress Passes FEPA To Address the “Demand-Side” of Bribery
On December 14, 2023, the U.S. Congress passed the Foreign Extortion Prevention Act (“FEPA”), one of the most important expansions of anti-corruption law in recent years and a key to expanding “demand-side” corruption enforcement. FEPA makes it unlawful for foreign officials to demand or accept bribes from U.S. persons or entities or from anyone if... Continue Reading…
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The ESG Disclosure Wave: Final Approval for the EU’s Corporate Sustainability Reporting Directive
On November 28, 2022, the Council of the European Union (EU) gave final approval to implement the EU Corporate Sustainability Reporting Directive (CSRD), ushering in a new, expanded environmental, social, and corporate governance (ESG) disclosure regime for many companies with a connection to Europe. In 2025, the CSRD will require many companies to file reports... Continue Reading…
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The Hidden Magic of Mandatory Crime Reporting Laws
Attorneys counseling companies on white collar matters are likely to have discovered crimes such as theft, bribery, and embezzlement committed by current and former employees, as well as by competitors. Such bad acts (and bad actors) are not regularly reported to law enforcement. In fact, what prevents more widespread reporting is the understandable fear that... Continue Reading…
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American Indian Tribes and “Foreign Officials” Under the FCPA
One of the many challenges companies face when assessing their Foreign Corrupt Practices Act (“FCPA”) liability is determining whether a potential business partner constitutes a “foreign government official” under the FCPA. From a definitional perspective, the FCPA is far from a model of clarity on this point. See 15 U.S.C. § 78dd-2(h)(2)(A). By way of example,... Continue Reading…
