Monday

Plug EDD Into Global Investigations

As the Foreign Corrupt Practices Act receives increased attention from both the Department of Justice and the Securities and Exchange Commission, more companies are running afoul of its provisions. Because the FCPA applies to transactions in foreign countries, investigating alleged violations of the statute necessarily involves conducting investigations within the relevant countries. Counsel must consider a range of issues, including electronic data discovery, when conducting such an investigation.

The anti-bribery provisions of the FCPA make it unlawful for U.S. companies, and certain foreign issuers of securities, to make a corrupt payment to a foreign official for the purpose of obtaining or retaining business or directing business to any person.
It also requires companies whose securities are listed in the U.S. to meet its accounting provisions. These accounting provisions, designed to operate in tandem with the anti-bribery provisions, require corporations to make and keep books and records that accurately and fairly reflect the transactions of the corporation and to devise and maintain an adequate system of internal accounting controls. >more

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