Margot Laporte was quoted regarding the future of FCPA investigations following a decision in U.S. v. Hoskins. In the case, a three-judge panel for the Court of Appeals for the Second Circuit unanimously held that a foreign national who does not otherwise fall under the specific categories of defendants described in the statute cannot be held liable under the theory that the foreign national acted as an accomplice or co-conspirator with a U.S. company or individual. Multinational companies now must consider how this may impact future FCPA investigations.

"It's a very fact-specific decision," said Laporte, suggesting that the application of the decision could be narrow because most multinational companies have a U.S. nexus and because the decision doesn't apply nationally. The aftermath of the case, however, could limit the jurisdiction under which prosecutors can pursue foreign bribery charges. "It is rare for an individual to challenge the U.S. government's assertion of jurisdiction in an FCPA case, but the appellate decision could inspire more attempts to do so," Laporte said. "The Justice Department's jurisdictional theories may not actually be rooted in the law.