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Two SEC Orders Illuminate Risks for U.S.-China Business


In this article, authors John Davis, Ann Sultan, and Daniel Patrick Wendt discuss key takeaways of the SEC's resolutions with 3M Co. and Clear Channel Outdoor Holdings Inc. concerning public companies operating in China. "With the recent 3M and Clear Channel cases, the SEC has demonstrated its continued interest in prosecuting public companies operating in China for FCPA violations, at least related to gifts, entertainment and travel; inappropriate use of third parties, including ones that might be considered lower-risk; and failure to adequately address compliance weaknesses." the authors write. They continue, "The details in these two cases provide good examples of potential issues to consider in risk assessments and discussions with relevant stakeholders, including business leadership; internal audit, legal and compliance departments; and boards."