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Anti-Bribery Law in International Business  

This Guide provides lists of resources for researching various legal topics relating to anti-bribery law in international business. On tabs listing both online resources and print materials in our library, online resources generally appear first.
Last Updated: Apr 8, 2014 URL: http://law.richmond.libguides.com/anti-bribery Print Guide

Foreign Corrupt Practices Act Print Page
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Research Portals

  • Bloomberg Law – Foreign Corrupt Practices Act Resource Guide
    Click on Practice Centers > Click on Corporate/M&A > Click on Resource Guides > Select Foreign Corrupt Practices Act (FCPA)

    Includes links to:
    • Recent FCPA enforcement actions and other current developments
    • Quarterly reports on recent FCPA-related developments
    • Quick reference charts on the FCPA
    • Overviews of the FCPA and issues under the FCPA
    • Treatises and treatise chapters on the FCPA
  • Westlaw Classic – Create a Westlaw Foreign Corrupt Practices Act Tab
    In Westlaw Classic: click on Add a Tab in the upper right > Click on Add Westlaw Tabs > Select Foreign Corrupt Practices Act under the heading Topical

    Creates a tab on Westlaw Classic with links to:
    • The FCPA as codified
    • FCPA cases
    • FCPA-related administrative agency materials
    • Treatises and treatise chapters on the FCPA
    • News on FCPA matters
 

Treatises and Guides - Online

Doing Business under the Foreign Corrupt Practices Act - Don Zarin
Publication Date: 1995; Supplement date: 2012
Provides an analysis of the provisions of the FCPA and practice-oriented advice on doing business in a competitive international market under the FCPA, including FCPA issues in contracts and FCPA compliance policies.

Corporate Compliance Series: Designing and Implementing an Effective FCPA and Anti-Bribery Compliance Program - William M. Hannay
Publication Date: 2013
Available on WestlawNext: Search using the title
Contains step-by-step guidance for designing, implementing, and monitoring an effective FCPA compliance program.

Anti-Corruption Regulation: United States - Homer E. Moyer Jr., James G. Tillen, Jeffrey Hahn, and Marc Alain Bohn
Publication Date: 2014
Available on Bloomberg Law: Click on Transactional Law tab > Select Transactional Legal Treatises > Select Anti-Corruption Regulation under the heading Getting the Deal Through > Select United States
Describes the FCPA, enforcement trends, and related issues in a question-and-answer format.

Chapter 17 of Corporate Compliance Answer Book - Don Zarin
Publication Date: 2014
Available on Bloomberg Law: Click on Transactional Law tab > Select Transactional Legal Treatises > Select Corporate Compliance Answer Book under the heading Risk & Compliance > Select Chapter 17: The Foreign Corrupt Practices Act
Describes the FCPA, its provisions, and FCPA case law in a question-and-answer format.

Doing Business under the Foreign Corrupt Practices Act - Don Zarin
Publication Date: 2013
Available on Bloomberg Law: Click on Transactional Law tab > Select Transactional Legal Treatises > Select Doing Business Under the Foreign Corrupt Practices Act under the heading Risk & Compliance
Provides an analysis of the provisions of the FCPA and practice-oriented advice on doing business in a competitive international market under the FCPA, including FCPA issues in contracts and FCPA compliance policies.

 

Statute

Foreign Corrupt Practices Act as Codified - Westlaw
Foreign Corrupt Practices Act Tab* > Select FCPA Amended (15 USCA s 78dd-1 et al) under the heading Featured Documents
* See instructions above under Research Portals for creating a tab for FCPA resources on Westlaw.


 

Legislative History

Legislative History - Department of Justice, Fraud Section
Includes, among other things, House and Senate reports regarding the FCPA and amendments to it, as well as other legislative history materials.

 

Cases

Cases and Decisions - Westlaw
Foreign Corrupt Practices Act Tab* > Select FCPA – Federal Cases under the heading Cases & Decisions
* See instructions above under Research Portals for creating a tab for FCPA resources on Westlaw.



 

FCPA Opinions

Foreign Corrupt Practices Act Opinion Procedure - Department of Justice, Fraud Section
Includes regulations providing for the procedure for obtaining an opinion from the DOJ about whether specific proposed conduct complies with the DOJ’s current enforcement policy with respect to the anti-bribery provisions of the FCPA.

Opinion Procedure Releases - Department of Justice, Fraud Section
Includes FCPA opinions issued from 1993 onward.

Review Procedure Releases - Department of Justice, Fraud Section
Includes responses by the DOJ to requests for review of proposed transactions for FCPA compliance purposes issued from 1980-1992.

 

DOJ and SEC Guidance

A Resource Guide to the U.S. Foreign Corrupt Practices Act - DOJ, Fraud Section and Securities and Exchange Commission (SEC)
Publication Date: 2012
Contains detailed guidance from the DOJ and SEC on the FCPA, its provisions, and enforcement, setting forth applicable statutory requirements and related commentary on the FCPA’s anti-bribery and other requirements, effective compliance programs, proper and improper gifts, travel and entertainment expenses, facilitating payments, successor liability in mergers and acquisitions, and civil and criminal resolutions under the FCPA. The guide also includes hypothetical examples, examples of actual enforcement actions and situations where enforcement was not pursued, and summaries of cases and opinion releases.

Selected Law Journal Articles

  • Rollo C. Baker, Foreign Corrupt Practices Act, 47 Am. Crim. L. Rev. 647 (2010)
  • H. Lowell Brown, Avoiding Bribery When Doing Business Overseas: A Primer on the Foreign Corrupt Practices Act, 20 Maine Bar J. 78 (2005)
  • Cherie O. Taylor, The Foreign Corrupt Practices Act: A Primer, 17 Currents: Int’l Trade L.J. 3 (2008)
  • Cortney C. Thomas, The Foreign Corrupt Practices Act: A Decade of Rapid Expansion Explained, Defended and Justified, 29 Rev. Litig. 439 (2010)

American Law Reports

 

Reporter

Foreign Corrupt Practices Act Reporter
Call Number: KF9351.A6 F67 2007
Publication Date: 2007-
Also available on Westlaw Classic: Search using the title

Includes statutory text, commentary, legislative history, FCPA Review Procedure and Opinion Procedure releases, Securities and Exchange Commission materials on FCPA-related accounting issues, practical guidance on compliance programs and drafting foreign agency contracts, and a bibliography of further resources.

Selected Law Firm Memoranda, Reports, and Other Publications

These publications are generally practice-oriented, highlighting enforcement trends and other current issues.

Selected Blogs

  • Corporate Compliance Insights
    Hover over Articles tab > Select FCPA
    Includes articles on a variety of corporate risk and compliance topics, including FCPA issues.
  • The FCPA Blog
    Includes commentary and news about FCPA enforcement and compliance.
  • FCPA Professor
    Includes news and analysis of FCPA enforcement actions and related matters.
  • White Collar Crime Prof Blog
    Select FCPA from the list of topics under the heading Topical Archive.
    Provides commentary on a wide range of white collar criminal law issues, including the FCPA.
 

Treatises and Guides - Print

National Institute on the Foreign Corrupt Practices Act - American Bar Association
Call Number: KF9351.Z9 N38
Publication Date: 2008-
Includes program materials from annual institutes on FCPA issues for practitioners.

Foreign Corrupt Practices Act Compliance Guidebook: Protecting Your Organization from Bribery and Corruption - Martin T. Biegelman and Daniel R. Biegelman
Call Number: HV6691 .B474 2010
Publication Date: 2010
Provides an overview of the business risks, and guidance on spotting warning signs, of FCPA violations, as well as practical guidance on managing FCPA compliance. (Electronic Resource)


Complying with the Foreign Corrupt Practices Act: A Guide for U.S. Firms Doing Business in the International Marketplace - Donald R. Cruver
Call Number: KF9351 .C78 1999
Publication Date: 1999
A short handbook on FCPA compliance. (Electronic Resource)

The Foreign Corrupt Practices Act and the New International Norms - Stuart H. Deming
Call Number: KF9351 .D46 2010
Publication Date: 2010
Provides an analysis of the provisions of the FCPA, along with practical guidance on compliance policies and other FCPA-related issues.

The Foreign Corrupt Practices Act Handbook: A Practical Guide for Multinational General Counsel, Transactional Lawyers and White Collar Criminal Practitioners - Robert W. Tarun
Call Number: KF1416.C7 T27 2012
Publication Date: 2013
A guide for practitioners that includes an overview of the FCPA and practical guidance for corporate in-house counsel and outside counsel.

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