FCPA: Foreign lawyers are third parties too
Companies doing business in the global marketplace engage all types of third parties. Generally, Foreign Corrupt Practices Act (hereinafter “FCPA”) compliance tends to focus on third parties such as agents, representatives, distributors and others that assist a company in obtaining or retaining business. However, given the DOJ and SEC’s broad interpretation of the FCPA’s anti-bribery provisions, any third party that has a point of contact with foreign officials can potentially expose a business organisation to scrutiny and enforcement.
A newly published article at FCPA Professor points out that this includes foreign lawyers and illustrates by means of recent FCPA enforcement action how foreign lawyers are mentioned in recent enforcement actions.