LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases

The SEC has pursued FCPA enforcement actions against companies that make contributions to charities to curry favor with foreign officials, who oversee awards of government contracts and "hint" that a contribution to such a worthy organization would be welcome.

9 minute read August 01, 2015 at 12:00 PM
By
Robert J. Anello and Kostya Lantsman
LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases

Last month, we discussed the “lore” that counsel must rely upon when tackling FCPA enforcement actions. A concrete example of the establishment of FCPA lore is useful when discussing how the lack of judicial precedent in these cases puts corporations and their counsel at a disadvantage.

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