Bribery and corruption

At last, I have come to the attention of the US Department of Justice.

Though some of you may have suspected me for some time, I am going to have to disappoint you!  Someone in the DOJ has found my blog and last week spent more time reading more pages than anyone else on that particular day. Now, I do not know why the DOJ has become interested in a blog on the subject of e-discovery written by a former litigation partner at a large international law firm but the knowledge that he or she had looked at the blog led me to think about the Foreign Corrupt Practices Act (FCPA) and our own Bribery Act 2010.

We have been used to acting for lawyers and their clients for some time in relation to FCPA cases and clients in this country will have to get used to handling regulatory investigations and prosecutions which may arise in future under the new legislation which received the Royal Assent on 8th April as part of the wash up procedure at the end of the last Parliament.

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Ungreasing the wheels

A recent article in the Economist [Ungreasing the Wheels, 19th November] caught my eye. The  article confirms what we have been seeing in cases referred to us over the past few months, namely that the US Foreign Corrupt Practices Act is providing litigation lawyers with a staggering amount of work.

For those of you not familiar with the FCPA, it sets out to punish US corporates who seek to bribe foreign officials in order to win business particularly in places like China. Of course it is not in any way limited to China, but that is where a lot of new business is located and tensions are beginning to show.

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