James Tillen discusses possible FCPA violations by Sun Microsystems that have arisen in the proposed acquisition by Oracle. In its SEC filing, Sun said that it had complied with the FCPA and hadn’t made improper payments to government officials, but there was also a caveat that any representations and warranties “could have been modified or qualified in a separate confidential document between Sun and Oracle, called a disclosure schedule,” according to Tillen. As Tillen notes, it’s likely that this issue came up during Oracle’s due diligence for the Sun acquisition.