This advanced, practice-focused seminar examines how the Foreign Corrupt Practices Act (FCPA) applies to foreign entities and individuals operating outside the United States. The FCPA is one of the most powerful extraterritorial statutes in U.S. law, and its enforcement has reshaped global business practices, compliance systems, and cross-border transactions.
The course focuses on how lawyers advise foreign corporations, multinational groups, executives, and financial institutions on navigating FCPA risk. Students will analyze jurisdictional triggers, third-party liability, enforcement patterns by the DOJ and SEC, and practical challenges in internal investigations and compliance program design. The seminar also explores how the FCPA interacts with foreign anti-corruption regimes, creating overlapping and sometimes conflicting legal obligations.
The course treats FCPA compliance and enforcement as a high-stakes, real-world legal practice area, where legal doctrine, business strategy, and geopolitical considerations converge.
This course assumes prior study of criminal law, international business transactions, or regulatory law.
Course Objectives
By the end of the course, students should be able to:
1. Understand how the FCPA applies to foreign entities and individuals.
2. Identify jurisdictional triggers for FCPA enforcement.
3. Analyze anti-bribery and accounting provisions.
4. Evaluate third-party and intermediary risk.
5. Design effective compliance programs.
6. Conduct risk assessments for multinational operations.
7. Understand enforcement trends and penalties.
8. Navigate internal investigations and disclosures.
9. Assess interaction with foreign anti-corruption laws.
10. Develop practical legal strategies for advising clients.
