Breakout Session: Corruption, FCPA, and Globalization

2016 saw a surge in FCPA enforcement activity, with almost 60 new enforcement actions initiated by the DOJ and SEC, and $2.6 billion in total sanctions imposed on corporations and individuals. Almost half of these actions addressed improper conduct taking place in China, the rest focusing on other regions of the world, with a growing focus on Latin America. A number of foreign governments have also joined the crusade to eliminate corruption. Internal investigations of potential FCPA violations can be critically important for companies that are hoping to secure cooperation credit from the government. Investigations can also be exceedingly expensive, easily generating millions of dollars in fees and costs. Companies must consider whether and when to disclose potential wrongdoing to the government, taking into account the steady rise in whistleblower activity. This session reviews recent developments in the global effort to reduce corruption, the risks that those efforts pose to businesses, and rational steps that directors can adopt to help minimize that risk or—if necessary—to address issues that arise once corrupt payments are suspected. This session will also address recent trends and developments and expected changes in the scope and intensity of enforcement under the new administration.