Martin Weinstein Comments in Compliance Week on Second Edition of FCPA Resource Guide

July 10, 2020

The new edition marks the first set of substantive changes to the Guide since it was first published in 2012.

On July 3, the Department of Justice Criminal Division and the Securities and Exchange Commission released the second edition of the Foreign Corrupt Practices Act (FCPA) Resource Guide. The new edition brings together in one comprehensive document recent policy and legal developments from the last eight years and marks the first substantive changes to the Guide since it was first published in 2012.

In a story on the updated guide, Compliance Week reported that it addresses various topics of interest to chief compliance officers and in-house counsel, such as: expanded guidance on the Evaluation of Corporate Compliance Programs, clarity about compliance program expectations from the SEC, clarity on internal accounting controls versus compliance programs, further clarity on “successor liability” in mergers and acquisitions, and clarity around FCPA-related definitions.

In the article, Martin Weinstein, Chair of Willkie’s Compliance, Investigations & Enforcement Practice Group, commented: “Successor liability—the issue of acquiring someone else’s liability—has become a significant issue.” He explained that, in the revised guidance, the government discusses not only cases where they brought enforcement actions, but also cases where they declined to bring an enforcement action as it relates to successor liability, and that’s helpful for in-house counsel and compliance officers as well.

Compliance Week, published by Wilmington plc, is a business intelligence service on corporate governance, risk and compliance for financial, legal, audit, risk and compliance executives.

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