Product Samples and The Foreign Corrupt Practices Act

Richard L. Cassin of The FCPA Blog highlights Review Procedure Release No. 81-02 from December 11, 1981: A Rare (Or Medium-Rare) Opportunity. The release helps give a roadmap on how to introduce new products to potential government customers in foreign countries without violating the Foreign Corrupt Practices Act. In Release 81-02 (December 11, 1981), the

History of the Foreign Corrupt Practices Act

In 1977, Congress enacted the Foreign Corrupt Practices Act as part of the 1934 Securities Exchange Act .  The FCPA criminalized the bribery of foreign officials by U.S. corporations and individuals pursuing business in other countries and required that companies with publicly-traded stock meet certain standards regarding their accounting practices, books and records, and internal

The Specially Designated Nationals List (SDN)

The Office of Foreign Assets Control in the Treasury Department keeps the Specially Designated Nationals List (SDN).  The Specially Designated Nationals List is a publication of OFAC which lists individuals and organizations with whom United States citizens and permanent residents are prohibited from doing business.

FCPA Investigations are on the Rise

According to the Wall Street Journal’s Law Blog, And the FCPA Party Continues: “U.S. government had open investigations into 84 companies at the end of last year, up from three in 2002, according to Shearman & Sterling. “In the 30-plus years I have followed these matters, there were long periods of little activity and few

New Massachusetts Privacy Laws

Governor Patrick signed Executive Order 504 an order regarding the the Security and Confidentiality of Personal Information on September 19, 2008. This order revokes the earlier Executive Order 412. There are also new state regulations 201 CMR 17.00: Standards for The Protection of Personal Information of Residents of the Commonwealth (effective Jan. 1, 2009) implementing

A Money Services Business Guide to Money Laundering Prevention

The Financial Crimes Enforcement Network published the Money Services Business Guide to Money Laundering Prevention (pdf). The manual starts with the definition of a “Money Service Business.” Your business may be an MSB (Money Services Business) if… The business offers one or more of the following services: ■ money orders ■ traveler’s checks ■ check

Lay-Person’s Guide to the Foreign Corrupt Practices Act

The United States Department of Justice has put together a Lay Person’s Guide to FCPA on the the Department’s site on the Foreign Corrupt Practices Act. The 1988 Trade Act directed the Attorney General to provide guidance concerning the Department of Justice’s enforcement policy with respect to the Foreign Corrupt Practices Act of 1977 (“FCPA”),

Kay v. United States

Kay v. United States (Docket: 07-1281) is on the docket of the Supreme Court’s opening conference on September 29, 2008 for the Court’s October 2008 term. The petition for certiorari and all cert-stage briefs are available at David Kay and Douglas Murphy were sentenced in 2005 to 37 and 63 months in prison respectively

Social Networking for Lawyers

I am in New York City today participating in a panel on Social Networking for Lawyers sponsored by New York Legal Marketing Marketing Association. I will be joining Robert Ambrogi of Legal Line, David Johnson a member of the advisory board of Legal OnRamp and John Lipsey of Martindale Hubbell. The LMA put together this

Wikis and Document Management Systems

This post was originally published in my old blog: KM Space. Versions of this article appeared as Which Route? KM Legal, Volume 2 Issue 4, June 2008 EI Case study: Wiki versus DMS at Goodwin Procter Inside Knowledge, Volume 11 Issue 8 The document management system has long been the factory assembly line