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DOJ's New FCPA Guidance: Meeting the Requirements, Leveraging Self-Reporting, Navigating its Interplay with the Yates Memo

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

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Conducted on Thursday, June 9, 2016

Recorded event now available

or call 1-800-926-7926

This CLE course will examine the new FCPA guidance and pilot program and discuss the Panama Papers. The panel will discuss the factors that companies and their counsel should consider when determining whether to self-report FCPA issues and strategies that companies can employ to reduce penalties.


In early April 2016, the so-called Panama Papers were made public, implicating numerous prominent government leaders around the world to allegations of corruption and abuse of the international financial system. FIFA, already enmeshed in a massive bribery scandal, was also caught up in the allegations. The SEC, among others, is examining the leaked documents for evidence of FCPA and other violations.

Those investigations are commencing in the context of an already vigorous enforcement environment, which may become even more turbo-charged in light of the Foreign Corrupt Practices Act Enforcement Plan and Guidance (the Guidance) issued on Apr. 5, 2016, by the U.S. Department of Justice. The Guidance emphasizes the U.S. government’s commitment to prosecuting FCPA violations and working with its international counterparts to do so.

The Guidance also states the DOJ’s intent to establish a pilot program by which companies may obtain a criminal declination if they take specific, concerted steps to cooperate with the DOJ in the context of an FCPA investigation.

Notably, DOJ issued the Guidance within a few months of the Yates Memo, which the DOJ issued in Sept. 2015, to underscore the importance of criminal prosecution of individuals involved in FCPA and other criminal misconduct. The interplay between these two DOJ pronouncements is likely to impact the compliance advice that both external and internal counsel provide to their clients for the foreseeable future.

Listen as our authoritative panel helps participants make sense of all these developments to provide thoughts on how companies and compliance professionals should proceed in the current environment. Among other things, the panel will address whether the Guidance really moves the needle on the benefits of reporting and, in any event, how this impacts compliance professionals on a day-to-day basis. We hope you can join us for a timely and informative panel.



  1. Brief overview of FCPA
    1. Key provisions of law
    2. Penalties and enforcement
  2. Summary of Panama Papers
    1. Background about leak
    2. Primary allegations
  3. Summary of FCPA Enforcement Plan and Guidance
    1. Intensified enforcement efforts
    2. International cooperation
    3. Pilot self-disclosure plan
    4. Overview of Yates Memo
  4. Discussion
    1. Ramifications for companies
    2. Ramifications for compliance officers and counsel
    3. Likely impact on number of disclosures


The panel will review these and other key issues:

  • What light does the new guidance shed on the reporting process?
  • What changes are anticipated and how does meeting the requirements impact the ultimate resolution of the matter?
  • What is the interplay between the new FCPA guidance and the 2015 Yates memo?
  • How does the FCPA guidance change the landscape for self-reporting?


Thaddeus R. McBride

Bass Berry & Sims

Mr. McBride represents companies and individuals in international trade regulatory, compliance, investigative, and...  |  Read More

Cheryl A. Palmeri, Esq.
Cheryl A. Palmeri, Esq.

Bass Berry & Sims

Ms. Palmeri advises public and private companies on best practices in international trade compliance. She counsels...  |  Read More

Monica Reinmiller
Monica Reinmiller
Director of Ethics and Compliance/ Counsel
Sutherland Global Services

Ms. Reinmiller oversees a global compliance function and provides legal advisement on a wide range of compliance...  |  Read More

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