This advanced, practice-focused seminar examines one of the most consequential decisions in corporate compliance: whether to voluntarily disclose potential violations of the Foreign Corrupt Practices Act (FCPA). Self-disclosure can significantly reduce penalties and shape enforcement outcomes—but it also exposes companies to substantial legal, financial, and reputational risks.
The course focuses on how lawyers and compliance professionals navigate this decision in real time. Students will analyze Department of Justice (DOJ) and Securities and Exchange Commission (SEC) policies, evaluate internal investigation findings, and weigh competing strategic considerations such as enforcement risk, evidentiary uncertainty, and global exposure.
The seminar emphasizes practical legal strategy, including conducting internal investigations, assessing disclosure thresholds, negotiating with regulators, and managing parallel enforcement actions. It treats self-disclosure as a high-stakes strategic choice, where timing, judgment, and execution can determine corporate outcomes.
This course assumes prior study of corporate compliance, white-collar crime, or regulatory law.
Course Objectives
By the end of the course, students should be able to:
1. Understand DOJ and SEC self-disclosure policies.
2. Evaluate the risks and benefits of voluntary disclosure.
3. Assess internal investigation findings for disclosure decisions.
4. Analyze enforcement outcomes based on disclosure strategies.
5. Develop strategic approaches to interacting with regulators.
6. Understand cross-border implications of disclosure.
7. Navigate parallel investigations and multi-agency exposure.
8. Advise corporations on disclosure timing and scope.
9. Manage reputational and business risks.
10. Apply legal and strategic principles to real-world scenarios.
