Miller Canfield: Practical Tips for Protecting Your Company from Criminal and Civil Liability Under FCPA

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The year 2020 witnessed a record level of corporate fines and penalties from enforcement of the Foreign Corrupt Practices Act (FCPA) by the U.S. government. There were also numerous prosecutions against individuals in 2020 based on the Department of Justice policy, to increase enforcement against individuals who perpetrate corporate misconduct.

These trends likely will continue and even expand in 2021 and highlight the urgent need for companies to identify the key risk areas of FCPA exposure they face in their international operations and to establish and maintain FCPA compliance programs that work in practice, not just on paper. This is especially important for companies operating or doing business with certain high-risk countries, such as China, India, and Brazil.

This presentation focuses on key risk areas for companies and establishing and maintaining a compliance program that works.

Expert panelists include:

Richard Walawender, a principal in Miller Canfield’s Detroit office, leader of the Firm’s International Practice who frequently advises clients on the FCPA, as well as on outbound and inbound investment structuring and strategies, international joint ventures and strategic alliances, CFIUS, export controls, and other cross-border issues and disputes; and

Howard Weissman, a senior counsel in Miller Canfields’ Washington D.C. office, previously served as vice president and associate general counsel – International at Lockheed Martin Corp., where he worked for nearly 26 years. Weissman has decades of experience in advising on FCPA compliance matters, including designing, implementing, and strengthening FCPA compliance programs, conducting FCPA due diligence for numerous proposed acquisitions, international joint ventures, agents, consultants, distributors, and other third parties, and advising on litigation and other disputes with international consultants and other third parties.

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