Topic
Bribery
1,282 published works
FCPA Professor
“The Ericsson List”
By Mike Koehler
As highlighted in this prior post, in December 2019 Swedish telecom company Ericsson (a company with American Depositary Shares traded in the U.S.) resolved a net $1.06 billion Foreign Corrupt Practices Act…
ContractsProf Blog
Teaching Assistants: Sid DeLong on the Difference Between Legal Bribery and Blackmail
I just finished teaching duress. The Restatement approach to duress requires an improper threat. As usual, I found it hard to draw the line between offer and threat in a…
FCPA Professor
Ng Trial Paused As DOJ Acknowledges Its Own “Inexcusable” Discovery Error
By Mike Koehler
As discussed in this prior post, judicial findings of prosecutorial misconduct or other mishaps have been an all too frequent feature in contested individual Foreign Corrupt Practices Act enforcement actions.…
FCPA Professor
Rewind – In The Words Of Judge Leon
By Mike Koehler
“Bribery” (however defined) is bad. The Foreign Corrupt Practices Act outlaws a certain type of bribery. Therefore, in the minds of some, all FCPA enforcement actions are good – regardless…
Litigation Finance Journal
Bribes, Grease Payments and Global Litigation Finance
By John Freund
Both competition law and consumer protection law focus on eliminating global marketplace manipulation. Deceptive acts and practices in many offshore businesses are byproducts of illegal bribes, or legal grease payments.…
Investigations and Enforcement Blog
Key Takeaways from the OECD 2021 Recommendation on Foreign Bribery
The Organisation for Economic Co-operation and Development (OECD) Council issued a Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions (the “2021 Recommendation”) on November 26,…
FCPA Professor
Recovery Of Seized Property
By Mike Koehler
As previously highlighted here, the DOJ recently issued a Foreign Corrupt Practices Act Opinion Procedure Release concerning a proposed payment motivated, in part, to secure the release of a seized…
Investigations and Enforcement Blog
DOJ Releases Rare FCPA Opinion, Finding No Corrupt Intent or Business Purpose Where Payment Made Under Duress
By Iris Bennett, Lucinda Low, Elizabeth Arkell
On January 21, 2022, the DOJ issued a rare FCPA Opinion Procedure Release,[1] only the second since 2014.[2] While the facts presented were quite unusual – a ship, with its…
FCPA Professor
Gobbledygook – The Anti-Bribery Report Of Novartis
By Mike Koehler
Novartis belongs to the long and growing list of repeat FCPA offenders. As highlighted here, in 2020 the company resolved a $347 million FCPA enforcement action concerning conduct in Greece,…
Legal Profession Blog
All Is Forgiven – With A Dissent: “This Is The Way It Works”
The Oklahoma Supreme Court has reinstated an attorney who had been convicted of bribery and allowed to resign in 2013.The United States Court of Appeals affirmed the conviction but remanded…