FCPA Gifts, Entertainment and Hospitality: Surviving DOJ and SEC Enforcement

Understanding the Risks, Avoiding Common Pitfalls, and Strengthening Compliance Programs to Meet FCPA Requirements

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


Conducted on Wednesday, May 17, 2017
Recorded event now available


This CLE webinar will provide guidance for counsel to companies doing business internationally on how the DOJ and SEC currently view gifts, entertainment and hospitality under the Foreign Corrupt Practices Act (FCPA). The panel will review recent FCPA enforcement trends in this arena and offer best practices for strengthening compliance programs to avoid such violations and sanctions.

Description

The DOJ and SEC’s intense scrutiny on FCPA enforcement continues unabated. U.S. companies doing business internationally must be particularly careful to avoid running afoul of FCPA requirements pertaining to gifts, entertainment and hospitality in the course of conducting business.

Recent investigations and subsequent DOJ and SEC enforcement actions related to gifts, travel, and excessive entertainment against Olympus, which resulted in over $22 million settlement, and against PTC, which was settled for $28 million, demonstrate the need for counsel to guide clients in developing, implementing and monitoring solid gift-related FCPA compliance policies and training.

The FCPA Resource Guide does include SEC/DOJ positions on gifts and hospitality with foreign officials. However, the history and recent enforcement indicate that gift practices are rife with grey areas as businesses navigate a tricky balance between obeying the law and respecting local customs.

Listen as our authoritative panel of practitioners experienced with FCPA challenges examines the provisions of the law that address gifts and hospitality, discusses DOJ advisory opinions and recent cases, and offers best practices for compliance.

Outline

  1. Provisions of the FCPA addressing gifts and hospitality
  2. Advisory opinions and recent cases
    1. Qualcomm
    2. PTC Inc.
    3. Olympus
    4. SciClone
    5. Others
  3. Best practices for compliance

Benefits

The panel will review these and other key issues:

  • Does the FCPA allow any leeway for companies regarding hospitality—and when is it permissible under the law?
  • When do gifts to foreign officials cross the line from respecting local customs and culture to being viewed as bribery?
  • What strategies can counsel offer companies to ensure their staffs are fully compliant with the FCPA with regard to gift giving, travel, entertainment and hospitality?
  • What guidance is offered in the FCPA Resource Guide as well as recent enforcement actions, advisory opinions, and settlements for gift and hospitality conduct?

Faculty

Margaret M. Cassidy, Principal
Cassidy Law, Washington, D.C.

Ms. Cassidy's practice focuses on corporate compliance, internal investigations and white collar criminal defense. She has provided expertise on matters related to anti-corruption, the Foreign Corrupt Practices Act, ethics laws, the False Claims Act, political activity, government procurement, and conflicts of interest. As a seasoned criminal litigator, Ms. Cassidy has also tried over 100 jury and non-jury criminal cases to verdict.

John E. Davis, Member
Miller & Chevalier, Washington, D.C.

Mr. Davis focuses his practice on international regulatory compliance and enforcement issues. He advises on corruption issues around the world, including compliance with the FCPA and related laws and international treaties, and FCPA-related internal investigations and disclosures to the SEC and DOJ. Mr. Davis works with clients to develop and implement compliance programs, conduct due diligence and audit compliance processes.


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