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Global Employment Lawyer – Volume 2, Issue 2 – Fall 2016

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What Happens If You Really “Break A Leg!?”

According to the Cambridge Idioms Dictionary, “Break a leg!” is something you say to wish someone good luck, especially before they perform in the theatre. Although there are many theories, the derivation of this term is unclear. The expression reflects a theatrical superstition that wishing a person “good luck” is actually considered bad luck. But is it really bad luck if you “break a leg?”

In this month’s edition, we feature articles from eight different countries Australia, Canada, China, France, Germany, Israel, UK and US. As always, we thank you for you readership.

Read the complete issue

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Global Employment Lawyer – Volume 2, Issue 2 – Fall 2016

Disclosing bribery conduct not an easy decision for US companies

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July 8, 2016

Recent non-prosecution agreements between the US Securities and Exchange Commission and two companies—Akamai Technologies, Inc. and Nortek, Inc.—in matters involving FCPA books and records violations stemming from conduct that occurred in China, coupled with corresponding decisions by the US Department of Justice to close its investigations into these two matters, provide some limited insight into how to secure similar resolutions of future investigations. However, the questions that remain regarding the benefits of voluntary disclosure of an organization’s misconduct leave things clear as mud.

Should a US company faced with evidence of bribery by an employee or other agent self report in this post-Yates Memorandum/post-FCPA Pilot Program era? Read more in this client alert by Dentons white collar partners Stephen L. Hill, Michelle J. Shapiro and Brian O’Bleness.

Click to read complete article.

 

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Disclosing bribery conduct not an easy decision for US companies

The Battle Against Corruption Has Gone Global, in a Big Way

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Global corporations and sophisticated international business people have long been aware of the risk of corruption and the potential liability that risk creates under the US Foreign Corrupt Practices Act (FCPA).  This liability is both civil and criminal, corporate and personal, and can result in millions — and in some cases billions– of dollars in fines and penalties, not to mention years of imprisonment in federal penitentiaries for corporate executives.  The ever increasing mobility of corporate employees and executives has increased this risk as they have face-to-face encounters with different cultural and legal expectations of customers, government officials, and colleagues around the world.

For a long time, the US Department of Justice was a lone wolf, actively pursuing corruption around the world committed by US and foreign businesses and business people.   In recent years it was joined by the Securities and Exchange Commission which moved from occasional enforcement of the FCPA to creating a dedicated unit focused on pursuing corruption committed by publicly traded corporations.

But the United States doesn’t want to be alone, and has pushed for international adoption of anti-corruption sanctions through international organizations like the Organization for Economic Cooperation and Development (OECD) and by putting pressure on its allies.  This effort has succeeded in a big way — in recent years, anti-corruption legislation has been adopted or invigorated around the world , not just among close US allies like in the United Kingdom, Canada, and Australia, but also in the so-called BRIC economies of Brazil, Russia, India, and China.

Moreover, the traditional American approach of focusing on public corruption—the payment of bribes to public officials for business advantage—is being supplanted, even in the US, by efforts to pursue all forms of  corruption, whether the bribe is paid to a public official or a private person.  Meanwhile many nations are also pursing corporations for the related misconduct of maintaining inaccurate corporate financial records to hide corporate bribery.  In short, the fight against corruption has been taken up by many nations, using many tools, and fighting many forms of bribery.

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But corporations and those involved in international business should not despair.  Despite the complexity of the various schemes around the world, the focus on different prosecutorial tools, and enforcement priorities, it is not difficult to build a single, simple, straight-forward global policy to prevent, deter, and detect corruption that not only recognizes the practical reality of international business, but can actually increase opportunity and profitability.

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For more on global anti-corruption laws click here.  To see the Dentons Global Anti-Corruption Team click here.

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The Battle Against Corruption Has Gone Global, in a Big Way