Global Investigations Review - The law and practice of international investigations

U.S. Chamber of Commerce

Texas Supreme Court Justices Skeptical of Former Shell Employee's FCPA-Related Defamation Claim

07 November 2014

Shell Oil Company, a U.S. subsidiary of Royal Dutch Shell plc, seemed to make headway in oral arguments Thursday that a Texas Court of Appeals ruling could undermine federal FCPA enforcement policy.

D.C. Circuit Should Not Revisit Decision Striking Down Conflict Minerals Rule, Business Groups Say

16 September 2014

The compelled disclosures are policy conclusions and ethics judgments that don't meet the test of being "purely factual" or "uncontroversial," argue the National Association of Manufacturers and the U.S. Chamber of Commerce.

U.S. Chamber Says Texas Ruling Will Damage FCPA Enforcement

20 August 2014

A 2013 decision by a Texas appeals court in Houston allowed a former Shell employee to pursue a defamation suit against the company after Shell allegedly gave information about him to the Justice Department during the course of an FCPA investigation.

Conflict Minerals Rule Weakened, But Due Diligence Requirements Remain Intact

15 April 2014

An appeals court panel rules a public reporting requirement violates the First Amendment, but companies are still required to probe their supply chains for evidence that materials are tied to armed conflict.

Publish What You Pay Urges SEC to Re-Issue Strong Extractive Industries Rule

20 March 2014

Transparency group says U.S. must regain leadership role by publishing strong disclosure requirements for energy and mining companies.

Historic FCPA Ruling Anticipated on Definition of “Instrumentality” of Foreign Government

24 February 2014

Although the appeals cover several issues, the most important issue for FCPA practitioners is whether the trial court properly instructed the jury regarding the term “instrumentality.” The FCPA prohibits bribing “foreign officials” in order to obtain or retain business. “Foreign official” is defined as an “officer or employee of a foreign government or any department, agency, or instrumentality thereof.” The US Department of Justice has long contended that the term “instrumentality” covers not only entities performing core governmental functions, but also commercial businesses with some level of state ownership, and that a “foreign official” is any employee of such a business. Companies and individuals facing FCPA charges have argued that such an expansive definition is legally flawed and contrary to legislative intent.

Conservative Think Tank Links the FCPA to 'Overcriminalization' of Business

14 February 2014

Hooking arguments for amending the 1977 foreign anti-bribery law to a popular bipartisan push in Congress to make the criminal laws more fair.

Industry Backs New Conflict Minerals Compliance Site

24 January 2014

The resource center launched to help companies comply with the Dodd-Frank conflict minerals rule.

Comedy Series Turns the FCPA Into a Laughing Matter

07 January 2014

The Amazon-produced "Alpha House," about four U.S. senators living in a group house together, rips a foreign bribery plot line from the headlines.

Conflict Minerals Rule a 'Scarlet Letter' for Companies, Attorney Says in Appeal Argument

07 January 2014

The manufacturing industry is fighting a Dodd-Frank Securities and Exchange Commission rule requiring companies to determine and report if their products contain conflict minerals.

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