FCPA Compliance in Hiring Practices in Foreign Markets

Minimizing FCPA Enforcement Risks, Strengthening Compliance Procedures for Pre- and Post-Hiring, and Navigating Conflicts of Interest

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, February 10, 2016

Recorded event now available

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Course Materials

This CLE course will provide guidance to counsel for companies to ensure Foreign Corrupt Practices Act (FCPA) compliance when hiring in foreign markets. The panel will review recent FCPA enforcement actions and offer strategies to minimize the FCPA risk during the hiring process.


In Aug. 2015, the Bank of New York Mellon Corp. agreed to pay the SEC nearly $15 million to settle allegations that it violated the FCPA’s anti-bribery and internal accounting provisions as a result of the Bank’s provision of internships to the relatives of government officials associated with a sovereign wealth fund in the Middle East. Other large financial institutions are also under FCPA scrutiny for similar hiring practices.

One of the challenges of FCPA compliance is that the definition of a “foreign official” and “anything of value” is interpreted broadly by the SEC and DOJ, thereby increasing the difficulty in identifying or recognizing hiring practices that may run afoul of the FCPA.

Companies and their counsel should understand the risks and have in place robust and transparent policies and procedures related to hiring foreign officials, former foreign officials, and the relatives of foreign officials in order to avoid violations of the FCPA or other anti-corruption laws.

Listen as our authoritative panel discusses the FCPA risks in hiring in foreign markets and the lessons that can be learned from recent enforcement actions. The panel will discuss compliance practices and procedures and offer strategies for how clients can recruit individuals in foreign markets without breaking the law.



  1. FCPA risks in hiring
    1. Employees
    2. Interns
  2. Lessons from recent enforcement actions
  3. Compliance practices and procedures
  4. Strategies for recruiting individuals in foreign markets without violating the law


The panel will review these and other key issues:

  • What lessons can be learned from recent enforcement actions?
  • What policies and procedures should companies have in place to minimize FCPA risks during the hiring process?
  • What steps should counsel take after hiring an individual if a potential issue is then discovered posing FCPA risks?


Edward J. Fishman
Edward J. Fishman

K&L Gates

Mr. Fishman advises clients with respect to government and internal corporate investigations, corporate transactions,...  |  Read More

James G. Tillen
James G. Tillen

Miller & Chevalier

Mr. Tillen has significant experience with every facet of an FCPA enforcement matter, including developing work...  |  Read More

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