A red sky at morning is the traditional harbinger of ill weather. From our vantage point in Brussels, we’ve scanned the horizon for signs of the future of anti-bribery enforcement activity in Europe. We’ve identified four factors that are starting small, but may build into heavy seas.

In particular, there are signs that companies that sell to governments in Europe may be well advised to shore up compliance procedures so they can remain dry if a wave of anti-corruption sentiment breaks over the public procurement sector.


Continue Reading Shelter from the Coming Storm: Anti-Corruption Compliance in European Public Procurement

By: Thaddeus McBride and Mark Jensen

There were several noteworthy developments related to the Foreign Corrupt Practices Act (FCPA) in 2011.  For the first year in recent memory, however, the most significant developments were not simply huge monetary settlements (although there were those, too).  Instead, the key developments of 2011 provide new guidance on how the U.S. Department of Justice (DOJ) and – notably – the courts view enforcement under the statute.  While we have a more nuanced view of the FCPA after 2011, we are also left with a substantial question about the future of the law.
Continue Reading The FCPA in 2011: Five Answers and a Looming Question