In this article, Kate Atkinson discusses the heightened FCPA enforcement faced by companies and the responsibilities of Boards of Directors. Given the increased risks and costs of FCPA liability, directors must be knowledgeable about how their company is addressing FCPA risk. The article offers a framework for directors, including:

• Continuing Education: Ensuring the Board Knows What Questions to Ask, and How to Evaluate Answers
• Chief Compliance Officer "Access" to the Board
• Periodic Testing of Program Effectiveness
• Compliance Program Readiness in the Dodd-Frank Era
• Mergers & Acquisitions Due Diligence

By focusing on the fundamentals and pursuing the right questions, Boards of Directors can help ensure companies not only meet these challenges, but stay ahead of the curve.