In this episode I visit with Nate Lankford, member at Miller & Chevalier on the firm’s FCPA Spring Review 2018. The quarterly Miller review is also an excellent resource for any FCPA or compliance practitioner, chocked full of statistics on enforcement actions, legal and compliance analysis, reports on international FCPA developments and commentary. It has always been a ‘Must Read’ review for any compliance professional. The FCPA Spring Review 2018 continues this trend.

In this episode, we consider some of the following issues:

  • What if anything, can be gleaned from the now one plus year of enforcement under the Trump Administration and Sessions-led Justice Department.
  • Has there been an untick in declinations?
  • Any uptick in individual prosecutions?
  • What are some of the key points from the following enforcement actions: Elbit, Transportation Logistics and Kinross?
  • Some of the top international developments including: Canada Updates Anti-Corruption Law and Enforcement Tools; French Anti-Corruption Agency Issues First Official Guidelines and France Enters into Two More Bribery-Related Negotiation Resolutions; Airbus Payment in Germany
  • The Digital Realty Trust v. Somers decision at the US Supreme Court and its implications for companies and compliance practitioners.
  • What has been the response to the new FCPA Corporate Enforcement Policy requirement for companies to prohibit software that generates but does not retain business records or communications.

A copy of the Miller & Chevalier FCPA Spring Review 2018 can be found here.