Martin Weinstein, Robert Meyer and Jeffrey Clark to Publish New FCPA Guide: The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement

July 18, 2022

The updated treatise is a comprehensive guide that addresses all aspects of the FCPA, and offers practical guidance to help legal practitioners and in‐house counsel navigate day‐to‐day FCPA‐related issues.

Willkie partners Martin Weinstein, Robert Meyer and Jeffrey Clark will publish a newly updated FCPA treatise, The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement, due out in August 2022. The digital publication will be published by Wolters Kluwer Legal & Regulatory, U.S., and available on the VitalLaw platform.

The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement
treatise is a comprehensive guide that addresses all aspects of the FCPA and offers practical guidance to help legal practitioners and in‐house counsel navigate day‐to‐day FCPA‐related issues. It methodically explains the FCPA’s antibribery provisions and accounting provisions, the types of conduct for which corporations and individual officers and directors can be held civilly and criminally liable, how to implement a compliance program and risk mitigation measures, and what to do when an FCPA issue arises, whether through an internal investigation or a government investigation. It also includes chapters on FCPA corollary laws the UK Bribery Act, France’s Sapin II, and Italy’s Law 231, written by leading practitioners – partners Peter Burrell (UK), Grégoire Bertrou (France) and Bruno Cova and Francesca Petronio (Italy).

As companies that do business internationally regularly face existential legal and reputational risks from foreign corruption matters, compliance with the Foreign Corrupt Practices Act is a priority for corporations, boards, and management teams around the world. Likewise, the FCPA is a high priority enforcement area for the DOJ and SEC, expected to increase this year as the White House has pledged to make the fight against global corruption a national security priority. The book provides a thorough, practical guide to the FCPA for private practitioners and in-house counsel alike, written in straightforward, easy‐to‐understand language with footnotes that meticulously document each point with relevant authority and numerous appendices. The book also includes practical and usable “go‐to” forms for compliance officers and external counsel, and provides a how‐to on internal investigations that focuses on issues that may arise in transnational FCPA matters.

A widely recognized authority in the U.S. Foreign Corrupt Practices Act (FCPA), Martin Weinstein serves as Chair of the firm’s Compliance, Investigations & Enforcement Practice where he represents corporations, organizations and individuals in sensitive compliance, enforcement and financial fraud matters in almost every industry, spanning over 60 countries globally. With decades of experience, Martin has represented major global corporations in many of the biggest FCPA cases in history, has been called as an expert witness on multiple occasions, and is regularly named among the top legal strategists in government enforcement. A former Assistant U.S. Attorney, and before that a prosecutor with the DOJ’s Criminal Section of the Tax Division, Martin has been recommended in both Chambers USA and Chambers Global every year since 2007, where he is described as “an incredibly passionate defender of the company [who] provides outstanding attention to the client, the needs of the case, and the dynamic of the client's company.”

Robert Meyer is a partner in Willkie’s Compliance, Investigations & Enforcement Practice Group. He is nationally recognized for his experience conducting internal investigations and in government enforcement matters involving the Foreign Corrupt Practices Act, the False Claims Act, government ethics, accounting fraud, bribery, fraud and whistleblower allegations. A former federal prosecutor for more than 10 years at several levels of the federal justice system, Bob supervised two highly publicized presidential investigations and participated in several high-profile prosecutions and investigations of public officials. Chambers Global 2022 and Chambers USA 2021 recognize Bob as a leading individual practicing in the FCPA field in the United States, highlighting that clients describe him as “a phenomenal FCPA expert and experienced former prosecutor who knows the law and the practice of FCPA consummately.”

Jeffrey Clark is a partner in Willkie’s Compliance, Investigations & Enforcement Practice Group, where he represents corporations and individuals in a wide variety of criminal and civil investigations and enforcement matters, including DOJ and SEC enforcement actions. With a focus on Foreign Corrupt Practices Act matters, his practice includes conducting complex, worldwide internal corporate investigations and providing advice to corporate management and directors regarding compliance and enforcement matters. Jeffrey was formerly a federal prosecutor with the U.S. Department of Justice, where he was responsible for overseeing prosecutions in the areas of public corruption, securities fraud, healthcare fraud, money laundering, immigration fraud and terrorism. Jeffrey is recognized for his FCPA work in Chambers Global 2022 and Chambers USA 2021, where clients note he is “an effective communicator” and “a fantastic lawyer.”

The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement was previously published from 2012‐2018. It will be available in the Wolters Kluwer online bookstore in August 2022.