Business Law Monographs, Volume I1--Complying with the Foreign Corrupt Practices Act

Expert discussion and analysis of the FCPA with practical guidance for helping corporate clients implement successful compliance programs.
Publisher: Matthew Bender
Print Book :1 Volume, Loose-leaf
$341.00
In Stock
ISBN: 9780820538754
Publisher: Matthew Bender
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Business Law Monographs Volume I1, Complying with the Foreign Corrupt Practices Act explains in detail the measures that must be taken by any corporation with foreign operations and the additional record-keeping requirements for publicly held companies under the United States Foreign Corrupt Practices Act (FCPA). Compliance with the FCPA is more important now than ever for U.S. companies doing business abroad and foreign companies traded on United States exchanges, with record-breaking penalties for corporations, a spike in the number of prosecutions of individuals, and repeated signals from the senior-most enforcement officials that FCPA enforcement is a high priority. This volume of our Business Law Monographs set contains a comprehensive analytical text with practical tips and advice, plus the forms and source materials you and your clients need to ensure you are complying with the FCPA.

Purchase your copy of Business Law Monographs Volume I1, Complying with the Foreign Corrupt Practices Act today and assure your clients that your research starts with the reliable, time-tested excellence of LexisNexis, a legal research innovator for over 40 years and the name you trust for all your legal research needs. Also check out the complete 38-volume set.

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Table of Contents

Division I: TEXT

Chapter 1 Introduction

Overview of the two sets of provisions in the FCPA (antibribery and accounting) and the FCPA's enforcement structure.

Chapter 2 The Antibribery Provisions

Antibribery provisions in detail, including exceptions and affirmative defenses.

Chapter 3 Accounting Provisions

Accounting provisions in detail.

Chapter 4 Recurring Issues under the Antibribery Provisions

In-depth discussion of recurring issues and practical guidance for dealing with them.

Chapter 5 FCPA Issues in Mergers and Acquisitions

Issues that arise specifically in the context of mergers and acquisitions and practical guidance for dealing with them.

Chapter 6 Instructive Hypotheticals under the FCPA (The Adventures of Big Dig Mining, Inc.)

Detailed hypothetical situations to illustrate frequent real-world problems with solutions and practical strategies.

Chapter 7 Recent Developments Under the FCPA

Discussion and analysis of recent developments in enforcement and penalties

Chapter 8 The Enforcers Speak

A series of insightful discussions with DOJ and SEC officials.

Chapter 9 Compliance

Key elements of successful corporate compliance programs and how to craft them.

Chapter 10 The Department of Justice Review Procedure

Discussion of the DOJ Opinion Review Procedure and how to best use it for advisory opinions on contemplated transactions.

Chapter 11 Related U.S. Statutes

Other U.S. statutes relevant to FCPA compliance.

Chapter 12 International Anti-Corruption Laws and Treaties

Practical discussion of international anti-corruption laws and treaties.

Division II: FORMS

Form I1-1 FCPA Policy

Form I1-2 Due Diligence Checklist

Form I1-3 Suggested FCPA Provisions for Contractual Agreement with Foreign Consultant or Agent

Form I1-4 Suggested Representations and Warranties By Parties to Joint Venture Agreement

Form I1-5 Suggested Annual FCPA Compliance Certification for Foreign Consultant

Form I1-6 Outline of Request for FCPA Opinion re: Proposed Joint Venture

Form I1-7 Sample Corporate Ethics Policy Regarding Improper or Questionable Payments

Form I1-8 Suggested Annual FCPA Compliance Certification for Employees

Form I1-9 Suggested Annual FCPA Compliance Certification for Agents

Form I1-10 Sample FCPA Financial and Accounting Directives

Division III: SOURCE MATERIALS

Item I1-i1A Foreign Corrupt Practices Act: Antibribery Provisions (Issuers)

Item I1-i1B Foreign Corrupt Practices Act: Antibribery Provisions (Issuer Penalties)

Item I1-i1C Foreign Corrupt Practices Act: Antibribery Provisions (Domestic Concerns)

Item I1-i1D Foreign Corrupt Practices Act: Antibribery Provisions (Persons Other Than Issuers Or Domestic Concerns)

Item I1-i2 Foreign Corrupt Practices Act: Accounting Provisions

Item I1-2A Foreign Corrupt Practices Act: Accounting Provisions

Item I1-i2B Foreign Corrupt Practices Act: Accounting Provision Penalties

Item I1-i3 Securities and Exchange Commission Rules Under the FCPA Accounting Provisions

Item I1-i4 Foreign Corrupt Practices Act Opinion Procedure

Item I1-i5 Department of Justice FCPA Opinion Procedure Releases

Item I1-i6 Public International Organizations Covered by the Foreign Corrupt Practices Act

Item I1-i7 United Nations Convention Against Corruption

Item I1-i8 Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

Item I1-i9 Inter-American Convention Against Corruption *

Item I1-i10 Criminal Law Convention on Corruption

Item I1-i10A Civil Law Convention on Corruption

Item I1-i11 Civil Law Convention on Corruption

Item I1-i12 Transparency International Bribe Payers Index 2007