This advanced, practice-focused seminar examines the Foreign Corrupt Practices Act (FCPA) as one of the most powerful and far-reaching anti-corruption regimes in the world. The FCPA governs how companies, executives, and third parties conduct business across borders, particularly in high-risk jurisdictions and industries.
The course focuses on how lawyers operate in real-world scenarios: advising multinational corporations, conducting internal investigations, structuring transactions, and responding to enforcement actions by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). Students will analyze both the anti-bribery and accounting provisions of the FCPA, as well as the practical realities of compliance programs, due diligence, and enforcement negotiations.
The seminar treats the FCPA as a core strategic issue in global business law, where legal compliance, business operations, and reputational risk intersect.
This course assumes prior study of criminal law, business law, or international law.
Course Objectives
By the end of the course, students should be able to:
1. Understand the structure and scope of the FCPA.
2. Analyze anti-bribery and accounting provisions in practice.
3. Identify jurisdictional triggers and extraterritorial reach.
4. Evaluate third-party and intermediary risks.
5. Design and assess corporate compliance programs.
6. Conduct risk assessments in cross-border transactions.
7. Understand enforcement trends and penalties.
8. Navigate internal investigations and disclosures.
9. Structure transactions to mitigate corruption risk.
10. Develop practical legal strategies for advising clients.
