Tag Archives: Anti-Corruption

French Anticorruption Authorities Issue New Guidance Regarding Internal Investigations

Key Takeaways

  • Companies in France should have detailed procedures covering investigations of wrongdoing and should also clearly lay out employees’ rights and obligations during such investigations.
  • Investigative tools must be proportionate to the wrongdoing and should respect the privacy rights of employees.
  • Companies in France should be engaged in an iterative process of updating policies regarding investigating misconduct.

On March 14,… More

Foreign Corrupt Practices Act (FCPA) | 2022 Year in Review and a Look Ahead

Key Takeaways

  • DOJ continues to focus on corporate self-disclosure and remediation, individual accountability, and international cooperation on corruption matters.
  • DOJ is putting new emphasis on the use of compensation system incentives and the threat of clawbacks to encourage compliance efforts by individual employees
  • International efforts to improve whistleblower protections and increase beneficial ownership transparency continued to gain momentum

U.S.… More

First Circuit Narrows Whistleblower Protections of Sarbanes-Oxley

On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential violations of the Foreign Corrupt Practices Act (FCPA). The ruling in Baker v. Smith & Wesson, Inc., 40 F.4th 43 (1st Cir. 2022) is the second recent decision narrowing the important whistleblower protections of the Act,… More