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International Regulatory Enforcement (PHIRE)

At Long Last DOJ and SEC Update Their FCPA Resource Guide

July 09, 2020

By Nathaniel Edmonds, Morgan Miller, Bryan Parr, Tom Best, Nisa Gosselink-Ulep, Thomas Jordan, Diogo Metz , Derek Turnbull, Gabriela Barreto & Paul Hastings Investigations and White Collar Defense Practice Group

In July 2020, the DOJ released the second edition of its Resource Guide to the U.S. Foreign Corrupt Practices Act (the “2020 FCPA Guide” or the “Guide”); an update of the first edition released in November 2012 (the “2012 FCPA Guide”) by the U.S. Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”). The 2020 FCPA Guide continues to serve the main purposes of its previous edition: (i) to outline the Government's interpretation of the law; (ii) provide insight into its enforcement priorities; and (iii) communicate a clear understanding of how the Government exercises its discretion. Reflecting the increased volume of U.S. Foreign Corrupt Practices Act (“FCPA”) investigations since 2012 and resulting litigation, the 2020 FCPA Guide also incorporates the DOJ's and SEC's interpretations of a number of important federal court decisions

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