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Bribery Boom or Bust: A Practitioner’s Primer for Differentiating Between Bribes and Legitimate Exceptions in the Foreign Corrupt Practices Act | Author: Jer Monson

Bribery Boom or Bust: A Practitioner’s Primer for Differentiating Between Bribes and Legitimate Exceptions in the Foreign Corrupt Practices Act | Author: Jer Monson

This article seeks to help business practitioners anticipate and prevent business challenges related to the Foreign Corrupt Practices Act. To this end, it attempts a high-level, practitioner-friendly review of the FCPA—including an in-depth look at the anti-bribery provisions, case-based illustrations of their application, and guidelines for staying in compliance. Part I provides practitioners with a brief introduction to the FCPA. Part II proceeds with a more detailed background and overview of the FCPA, examining both the statute’s enactment and the obligations arising from it. Part III provides practitioners with an overview of significant global developments in anti-corruption policy, and profiles the important FCPA trends that will dot the business landscape in the near future. Part IV further examines the difference between activities proscribed by the FCPA and those excepted. And finally, Part V discusses several implications for business practitioners, including salient points and guidelines for compliance.

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