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Foreign Corrupt Practices Act Ripples

Foreign Corrupt Practices Act Ripples PDF Author: Mike Koehler
Publisher:
ISBN:
Category :
Languages : en
Pages : 61

Book Description
An obvious reason to comply with the Foreign Corrupt Practices Act ("FCPA") is that non-compliance can expose a company to a criminal or civil FCPA enforcement action by the Department of Justice ("DOJ") and/or the Securities and Exchange Commission ("SEC'). However, this Article highlights that settlement amounts in an actual FCPA enforcement action are often only a relatively minor component of the overall financial consequences that can result from FCPA scrutiny or enforcement in this new era.By coining a new term of art - the "three buckets" of FCPA financial exposure - and through various case studies and examples, this Article demonstrates how FCPA scrutiny and enforcement can impact a company's business operations and strategy in a variety of ways from: pre and post-enforcement action professional fees and expenses; to market capitalization; to cost of capital; to merger and acquisition activity; to impeding or distracting a company from achieving other business objectives; to private shareholder litigation; to offensive use of the FCPA by a competitor or adversary to achieve a business objective or to further advance a litigating position.

Foreign Corrupt Practices Act Ripples

Foreign Corrupt Practices Act Ripples PDF Author: Mike Koehler
Publisher:
ISBN:
Category :
Languages : en
Pages : 61

Book Description
An obvious reason to comply with the Foreign Corrupt Practices Act ("FCPA") is that non-compliance can expose a company to a criminal or civil FCPA enforcement action by the Department of Justice ("DOJ") and/or the Securities and Exchange Commission ("SEC'). However, this Article highlights that settlement amounts in an actual FCPA enforcement action are often only a relatively minor component of the overall financial consequences that can result from FCPA scrutiny or enforcement in this new era.By coining a new term of art - the "three buckets" of FCPA financial exposure - and through various case studies and examples, this Article demonstrates how FCPA scrutiny and enforcement can impact a company's business operations and strategy in a variety of ways from: pre and post-enforcement action professional fees and expenses; to market capitalization; to cost of capital; to merger and acquisition activity; to impeding or distracting a company from achieving other business objectives; to private shareholder litigation; to offensive use of the FCPA by a competitor or adversary to achieve a business objective or to further advance a litigating position.

Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws

Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws PDF Author: Mike Koehler
Publisher: Edward Elgar Publishing
ISBN: 1788114930
Category : Business & Economics
Languages : en
Pages : 384

Book Description
In the minds of some, complying with the US Foreign Corrupt Practices Act and related laws such as the UK Bribery Act is easy: 'you just don't bribe'. The reality, as sophisticated professionals know, is not so simple. This book is for professionals across various disciplines who recognize the difficulties of compliance and want to learn strategies for minimizing risk under aggressively enforced corporate bribery laws. The book uses issue-spotting scenarios to present risk and guides professionals through various components of compliance best practices from the fundamentals of conducting a risk assessment and effectively communicating compliance expectations, to implementing and overseeing compliance strategies.

Is the International Legal Order Unraveling?

Is the International Legal Order Unraveling? PDF Author: DAVID L. SLOSS
Publisher: Oxford University Press
ISBN: 0197652808
Category :
Languages : en
Pages : 489

Book Description
This book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison. The book consists of fourteen chapters, plus an introduction. Three chapters address specific threats to the rules-based international order: climate change, autonomous weapons, and cyber weapons. Eight chapters address particular substantive areas of international law: jus ad bellum, jus in bello, trade law, investment law, anti-bribery law, human rights law, international criminal law, and migration law. The remaining chapters provide a range of perspectives on the past evolution and likely future development of the rules-based international order as a whole.

Directors' Duties and Corporate Anti-Corruption Compliance

Directors' Duties and Corporate Anti-Corruption Compliance PDF Author: Patrick J. O’Malley
Publisher: Edward Elgar Publishing
ISBN: 1786436523
Category : Law
Languages : en
Pages : 336

Book Description
This discerning book examines good governance developments concerning anti-bribery efforts in the US and the UK, recognising that with each new major case of corporate malfeasance the parameters of directors’ duties change and expand. Taking this expansion of roles and expectations into account, and acknowledging the respective increase in exposure to civil, criminal and reputational liabilities, Patrick J. O’Malley compares the fundamental national compliance experiences of the US and UK. Investigating anti-bribery, corporate and securities law and guidance, this engaging book explores systemic expectations of directors, executive officers and compliance personnel in public and private companies.

The Foreign Corrupt Practices Act in a New Era

The Foreign Corrupt Practices Act in a New Era PDF Author: Mike Koehler
Publisher: Edward Elgar Publishing
ISBN: 1781954410
Category : Business & Economics
Languages : en
Pages : 417

Book Description
Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the Šworld�s most ethical FCPA violators,� Šthe faˆade of

The Law of Governance, Risk Management and Compliance

The Law of Governance, Risk Management and Compliance PDF Author: Geoffrey P. Miller
Publisher: Aspen Publishing
ISBN: 1543815995
Category : Law
Languages : en
Pages : 1243

Book Description
Geoffrey Miller’s The Law of Governance, Risk Management and Compliance is widely credited for introducing a new field of legal studies. Compliance and its related subjects of governance and risk management are major sources of jobs and also important developments in legal practice. The billions of dollars of fines paid over the past decade and the burgeoning and seemingly never-ending parade of compliance and risk management breakdowns – recently including the Wells Fargo sales practices scandal, the Volkswagen emissions cheat, and the Boeing 737 MAX crisis – all attest to the importance of the issues treated in this readable and timely book. New to the Third Edition: Comprehensive updates on recent developments New treatment of compliance failures: Wells Fargo account opening scandal, Volkswagen emissions cheat, important developments in Catholic Church sex abuse scandal. New treatment of risk management failures: the Boeing 737 MAX scandal. Professors and students will benefit from: Clear, concise definitions Fun and interesting problems Real-world perspective from an author who has been involved both as a scholar and as a member of a corporate board of directors Highly readable and interesting writing Text boxes containing key concepts and definitions Realistic problems for class discussion and analysis

Information Security

Information Security PDF Author: Hein Venter
Publisher: Springer
ISBN: 3030114074
Category : Computers
Languages : en
Pages : 193

Book Description
This book constitutes the refereed proceedings of the 17th International Conference on Information Security, ISSA 2018, held in Pretoria, South Africa, in August 2018. The 13 revised full papers presented were carefully reviewed and selected from 40 submissions. The papers are dealing with topics such as authentication; access control; digital (cyber) forensics; cyber security; mobile and wireless security; privacy-preserving protocols; authorization; trust frameworks; security requirements; formal security models; malware and its mitigation; intrusion detection systems; social engineering; operating systems security; browser security; denial-of-service attacks; vulnerability management; file system security; firewalls; Web protocol security; digital rights management; distributed systems security.

Measuring Compliance

Measuring Compliance PDF Author: Melissa Rorie
Publisher:
ISBN: 1108488595
Category : Law
Languages : en
Pages : 325

Book Description
Measuring Corporate Compliance is a 'one-stop-shop' for individuals looking to assess the effectiveness of compliance programs and policies.

The Transnationalization of Anti-Corruption Law

The Transnationalization of Anti-Corruption Law PDF Author: Régis Bismuth
Publisher: Routledge
ISBN: 1000389855
Category : Law
Languages : en
Pages : 399

Book Description
The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

Global Trends 2040

Global Trends 2040 PDF Author: National Intelligence Council
Publisher: Cosimo Reports
ISBN: 9781646794973
Category :
Languages : en
Pages : 158

Book Description
"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.