First 2021 Corporate FCPA Case Offers Compliance Reminders

By Robert Johnston Jr. (July 21, 2021, 5:58 PM EDT) -- The first corporate Foreign Corrupt Practices Act case under President Joe Biden's administration reinforces some well-known risks for companies subject to the FCPA — namely, increased U.S. and international enforcement and cooperation as well as the risks related to public contracting and tenders, the use of third-party agents, successor liability following merger and acquisition activity, and the U.S. authorities' aggressive assertion of jurisdiction in international corruption cases.

Case Summary

In 2011, Foster Wheeler AG, as it was then known, was a subsidiary of a Swiss-based and Nasdaq-traded company. Foster Wheeler sought to establish a business presence in Brazil's oil and gas...

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