FCPA & Anti-Bribery Fall 2018 Alert: Avoiding the Anti-Corruption Landmines

November 2018 – In Hughes Hubbard’s Annual FCPA & Anti-Bribery Alert, attorneys from Hughes Hubbard’s leading Anti-Corruption and Internal Investigations group analyze the most significant recent developments in the anti-corruption space, including enforcement actions and policy changes, and offer lessons that companies should keep in mind for 2019 and beyond.  

Among other things, the Alert includes:

• A detailed summary of each FCPA resolution from the past 24 months;
• A summary and explanation of recent U.S. policy developments affecting FCPA enforcement;
• Updates on anti-bribery legislation and enforcement in other countries such as Brazil, China, France, Norway and the United Kingdom; and
• A summary of developments in multi-lateral development bank enforcement and a discussion of sanctions imposed due to corruption. 

Additionally, the Alert looks back at the first year of enforcement under the Corporate Enforcement Policy, which had the potential to impact FCPA enforcement as much as any development in recent years.

Importantly for companies, in addition to detailed summaries and explanations of these developments, the Alert includes insights by Hughes Hubbard attorneys as to the importance of recent developments and the lessons that can be gleaned from them.  

In particular, Hughes Hubbard attorneys use the past 24 months of enforcement activity and other developments to identify important anti-corruption trends and lessons. For example, recent enforcement actions highlight the potential impact of a company failing to take timely remedial actions, including disciplinary action against the employees involved in misconduct, or failing to implement adequate internal controls around high risk activity. Each of these lessons is covered in the Alert.  

Overall, the Alert seeks to identify and contextualize the most common anti-corruption risks so they are better understood. It is only after executives and compliance professionals fully understand these risks that companies can build truly effective compliance programs and internal controls.