Nate Lankford Discusses Recent FCPA Enforcement Developments on the FCPA Compliance Report Podcast

"Episode 384: Nate Lankford on Miller & Chevalier's FCPA Spring Review 2018"

FCPA Compliance Report Podcast


On this podcast, Nate Lankford discusses themes from the firm's Spring 2018 Foreign Corrupt Practices Act (FCPA) Review, including observations on overall trends in FCPA enforcement under the Trump administration and key takeaways for compliance professionals from recent enforcement actions. Regarding FCPA enforcement under the Trump administration, Lankford discussed how signs of potentially less aggressive enforcement should be viewed in the context of other factors suggesting a more nuanced picture, concluding, "we're still in a 'wait and see' mode – but basically the investigations risk is still out there and companies are still very much focused on this issue." Regarding FCPA risks in mergers and acquisitions, Lankford discussed how recent FCPA enforcement actions remind compliance professionals that, "when you are acquiring a company and you are doing due diligence and integration, you can't do it halfway, because [it may result in] a very substantial record of evidence that management was aware of issues but that they didn't fix them in a reasonable, prompt period of time." Lankford also discussed how the new Department of Justice (DOJ) FCPA Enforcement Policy's provisions regarding employee software usage continue to capture the attention of many compliance professionals, remarking, "I think the agencies are signaling they are open to companies being proactive, [taking] rational approaches to setting out clear rules to their employees about what kinds of software they're permitted to use."