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BCLP Partner Andrey Spektor authored an article published Aug. 22 in the New York Law Journal on Second Circuit’s recent opinion touching on the Foreign Corrupt Practices Act (FCPA).  After discussing the FCPA’s unique features and the case’s strange history, Andrey offered factors companies can extract from the opinion to minimize FCPA exposure. “While the Second Circuit’s 2018 opinion is useful mainly to attorneys representing foreign individuals and entities, the 2022 decision should be studied carefully by U.S. companies with foreign subsidiaries,” wrote Andrey, a former federal prosecutor. “Given the sparsity of FCPA case law, the recent opinion offers valuable leverage when negotiating a resolution with the government.”

This document provides a general summary and is for information/educational purposes only. It is not intended to be comprehensive, nor does it constitute legal advice. Specific legal advice should always be sought before taking or refraining from taking any action.