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LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases

By Robert J. Anello and Kostya Lantsman
August 02, 2015

Last month, we discussed the “lore” that counsel must rely upon when tackling FCPA enforcement actions. A concrete example of the establishment of FCPA lore is useful when discussing how the lack of judicial precedent in these cases puts corporations and their counsel at a disadvantage.

A corporate client could be aware that the SEC has pursued FCPA enforcement actions against companies that make contributions to charities to curry favor with foreign officials, who oversee awards of government contracts and “hint” that a contribution to such a worthy organization would be welcome.

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