Peter P. Tomczak, Robert W. Tarun

The Foreign Corrupt Practices Act Handbook, Fifth Edition: A Practical Guide for Multinational Counsel, Transactional Lawyers and White Collar Criminal Practitioners (eBook, ePUB)

A Practical Guide for Multinational Counsel, Transactional Lawyers and White Collar Criminal Practitioners

• Format: ePub

Produktbeschreibung

With its comprehensive analysis of potential FCPA liabilities and sound practical suggestions as to how to deal with them, this book is a very valuable asset for both unseasoned and seasoned FCPA practitioners. Now, completely updated and revised for 2018, Foreign Corrupt Practices Act Handbook, Fifth Edition offers 50 new FCPA resolutions, including coverage of Brazil, Canada, China, India, Russia, and UK statutes. You'll also find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation.

The book identifies all major FCPA risk areas and then presents thoughtful and practical advice for how companies can most effectively address these risks and conduct credible investigations.

Summary Table of Contents Chapter 1: Foreign Corrupt Practices Act Overview Chapter 2: Penalties, Fines, and Other Sanctions Chapter 3: Global Anti-Corruption Conventions and Law Enforcement Chapter 4: Board of Directors and Management Responsibilities Chapter 5: Transactional Issues and Considerations Chapter 6: Gifts, Travel, Lodging, and Entertainment Chapter 7: Charitable Donations and Political Contributions Chapter 8: Conducting a Foreign Corrupt Practices Act Investigation Chapter 9: Defending an FCPA Investigation Chapter 10: SEC Enforcement Actions and DOI Prosecutions

Praise for The Foreign Corrupt Practices Act Handbook, Fifth Edition

"The Foreign Corrupt Practices Act Handbook is ridiculously good."

-John S. Siffert, Founding Partner, Lankler Siffert Wohl LLP, New York

"This is a must-read for any lawyer handling FCPA matters. It is a comprehensive and well-written book by Bob Tarun, one of the country's outstanding white-collar criminal lawyers."

- Robert S. Bennett, Partner, Hogan Lovells LLP, Washington, D.C.

"Bob Tarun has succeeded in writing a first-rate handbook on the Foreign Corrupt Practices Act that is a must-read for all attorneys at every level who represent businesses doing international work. Informative and well-written. Mr. Tarun's handbook gives readers the benefit of his many years of experience and accomplishment as a prosecutor, investigator, litigator, and FCPA advisor by identifying all of the major FCPA risk areas and then offering very thoughtful and practical suggestions for how companies can most effectively address these risks and conduct credible investigations."

- Lisa Kate Osofsky, Exiger Ltd., London, and Former Deputy General Counsel of the FBI, Washington, DC

"Thanks to a first-rate mind and vast practical experience in the FCPA field, Peter Tomczak has become one of the foremost authorities sought out by sophisticated clients. The Foreign Corrupt Practices Act is an indispensable asset for both inside corporate counsel and law firm attorneys who want to be 'on the top of their game' when facing the rough anti-corruption terrain. Like Peter, the handbook is exceptionally practical and deeply insightful at the same time."

- Vincent J. Connelly, Co-Chair, White Collar Criminal Practice, Mayer Brown LLP Chicago

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Produktdetails

• Verlag: American Bar Association
• Seitenzahl: 1216
• Erscheinungstermin: 7. Mai 2019
• Englisch
• ISBN-13: 9781641050494
• Artikelnr.: 53077266

Autorenporträt

Peter P. Tomczak ([e-mail]) is a Partner in the Chicago office of Baker & McKenzie LLP. He serves as the firm's Co-Chair, Global Investigations, Compliance and Ethics. He is a member of the Steering Committee of the Firm's Global Dispute Resolution practice, and also serves on the Firm's Global Professional Responsibility and Practice Committee. He previously served as Chair of the Firm's North America Litigation and Government Enforcement Practice Group, and on the Steering Committee of the Firm's Global Industrials, Manufacturing and Transportation Industry Practice Group.

Mr. Tomczak has conducted sensitive internal investigations, in particular those arising under the U.S. Foreign Corrupt Practices Act, for multinational corporations in more than thirty countries. He regularly counsels clients and their boards of directors on corporate compliance, ESG and corporate governance matters. In addition, he has advised clients on anticorruption issues in all phases of merger and acquisition transactions, and has provided anticorruption training to boards of directors and senior executives. Mr. Tomczak also has successfully represented clients in litigating complex business disputes, primarily those among corporate stakeholders and involving alleged breaches of fiduciary duties. He has significant experience with claims for emergency injunctive relief and other extraordinary equitable remedies. He has represented multinational companies and executives involved in sensitive compliance matters in more than thirty countries, including among others Argentina, Brazil, Canada, Chile, China, Colombia, France, Germany, Hungary, India, Italy, Jamaica, Japan, Mexico, Panama, Peru, Russia, Saudi Arabia, Slovakia, South Africa, Taiwan, Thailand, Turks & Caicos, Türkiye, Ukraine, the United Arab Emirates, the United Kingdom, and the United States. Mr. Tomczak has particular experience in representing and counseling pharmaceutical and healthcare companies, and software and other information technology companies, in regard to anticorruption compliance and bribery investigations. He has advised clients in other industries as well, including among others the manufacturing, industrial, chemical, nuclear medicine, aviation, insurance, and oil and gas industries.

Mr. Tomczak regularly publishes and presents on anticorruption, compliance, and corporate governance issues. Among others, in 2010, he co-authored with Robert W. Tarun the Introductory Essay for the 25th Anniversary White Collar Crime SurveyA Proposal for a United States Department of Justice Foreign Corrupt Practices Act Leniency Policy, 47 Am. Crim. L. Rev. 153 (2010). He also has authored among other publications: Chapters 4 (Directors' Duties Regarding Sustainability and ESG) & 17 (Litigation and Risk Management) in Esg In The Boardroom: A Guidebook For Directors (ABA Book Publishing 2022); Practical Guidance for Directors Overseeing

Corporate Investigations, NACD Board Leaders' Blog (2018, with Richard Dean); and multiple papers addressing FCPA issues in the transactional context that were presented at the American Bar Association's National Institutes on White Collar Crime. Mr. Tomczak previously served as Co-Vice Chair of the Task Force of the ABA Section of Business Law Corporate Governance Committee on Delineation of Governance Roles and Responsibilities, which published its Report in 65 Bus. Law. 107 (2009). He was named to National Association of Corporate Directors (NACD) Directorship 100Governance Professionals and Institutions (20182022), and received the Economics Outstanding Young Alumni Award from the University of Illinois at Urbana-Champaign (2021). He is a member of the Wong Sun Society of San Francisco.

Mr. Tomczak clerked for Vice Chancellor John W. Noble of the Delaware Court of Chancery. He received his Juris Doctorate degree, Magna Cum Laude, Order of the Coif, from the University of Michigan Law School, and was awarded the Daniel H. Grady Prize for graduating first in his law school class. In addition, he received the Emmett E. Eagan Award for excellence in the study of corporate law, the Class of 1908 Scholarship Award for having the highest scholastic average in his second-year law school class, and the Maurice Weigle Scholarship Award for having the highest scholastic average in his first-year law school class. He also served as Articles Editor for the Michigan Telecommunications and Technology Law Review. Mr. Tomczak received his Bachelor of Science in Economics, with Highest Honors, from the University of Illinois at Urbana Champaign, and was named to the Bronze Tablet, which is the University's highest honor for graduating students.