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Full-Text Articles in Law

“Pay To Prescribe”: A Case For Strengthened Enforced Of The Fcpa In The Global Pharmaceutical Industry In 2017 And Beyond, John T. Jessee Jr. Jan 2017

“Pay To Prescribe”: A Case For Strengthened Enforced Of The Fcpa In The Global Pharmaceutical Industry In 2017 And Beyond, John T. Jessee Jr.

Law Student Publications

This paper will use recent Foreign Corrupt Practices Act (FCPA) enforcement actions to argue that a revamped and increased enforcement of the FCPA’s anti-bribery provisions in the pharmaceutical industry will be an absolutely critical task in 2017 and beyond, as there is much work to be done in cleaning up the industry. The paper will begin by outlining a brief history of the FCPA and examining its basic enforcement provisions. It will then examine the nature of the pharmaceutical industry’s bribery through a detailed analysis of several recent high profile enforcement cases within the industry. Lastly, the paper will propose …


Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick Jan 2016

Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick

Richmond Journal of Law & Technology

Our prior scholarship examined the legal and technical challenges involved in modern Merger & Acquisition ("M&A") due diligence practices associated with transactions ("Deals"), given recent but steady advances in technology and related increases in sophistication seen in Deal participants-primarily the organizations or assets targeted (the "Targets") as part of the Deal, and the organizations that pursued and/or resulted from the Deal (the "Acquirers"). We then proposed a framework addressing five particular verticals of interest and concern: data privacy ("DP"), information security ("IS"), e-Discovery, information governance ("IG"), and the due diligence and record keeping associated with the Deal itself ("Deal Information") …


Too Many Cooks In The Kitchen: Battling Corporate Corruption In Brazil And The Problems With A Decentralized Enforcement Model, Michelle A. Winters Jan 2015

Too Many Cooks In The Kitchen: Battling Corporate Corruption In Brazil And The Problems With A Decentralized Enforcement Model, Michelle A. Winters

Richmond Journal of Global Law & Business

No abstract provided.


Deconstructing Duty Free: Investor-State Arbitration As Private Anti-Bribery Enforcement, Andrew B. Spalding Jan 2015

Deconstructing Duty Free: Investor-State Arbitration As Private Anti-Bribery Enforcement, Andrew B. Spalding

Law Faculty Publications

Duty Free rests upon a kind of three-legged stool of legal argumentation. Those legs are: 1) the common law of contract; 2) principles of state liability for official misconduct; and 3) global anti-corruption policy. As this article will show, each leg of that stool is fundamentally flawed; the legal arguments are unpersuasive and occasionally incorrect. This article seeks to deconstruct that stool, exposing the fatal structural flaws in each leg. It thus clears the way for building an arbitral jurisprudence of corruption that actually does what Duty Free attempted: advance global anti-corruption policy in a way that will inure to …


A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde Jan 2014

A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde

Richmond Journal of Global Law & Business

No abstract provided.


The Penumbra Of The United States’
 Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And 
Implications For The Pharmaceutical
 Industry, Beverley Earle, Anita Cava Jan 2014

The Penumbra Of The United States’
 Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And 
Implications For The Pharmaceutical
 Industry, Beverley Earle, Anita Cava

Richmond Journal of Global Law & Business

No abstract provided.


New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde Jan 2014

New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde

Law Student Publications

This paper examines whether the current exception to the Foreign Corrupt Practices Act (FCPA), or the affirmative defenses provided by the FCPA, allow American companies to be this positive influence. Part I examines the background of the FCPA, the current exception and affirmative defenses, and the recent increase in enforcement. Part II examines the issue of whether the current exceptions and affirmative defenses permit US companies to invest in countries currently exiting major internal strife. 4 Unfortunately, neither the exception nor the affirmative defenses provide companies the leeway necessary to enter these markets without serious risk of running afoul of …


Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills Jan 2014

Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills

Richmond Journal of Global Law & Business

No abstract provided.


Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 Be A Guideline?, Michael Peterson Jul 2013

Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 Be A Guideline?, Michael Peterson

Law Student Publications

This paper is divided into four sections. The first section discusses the individual legal aspects of the FCPA and the Bribery Act of 2010; the second section discusses the differing features of the two acts; the third section discusses the criticisms of each of the acts; and the fourth section lays out a proposal of effective amendments which the author feels should be made to the FCPA.


"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick Jul 2013

"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick

Law Student Publications

This comment discusses federal restitution orders and why they are not a viable source of compensation for FCPA victims. Section I provides background information on the FCPA and outlines how it is enforced. Section II discusses victims' rights under a series of pieces of federal legislation. Section III looks at the primary precedent in the arena and explains why it shows that the restitution statutes do not provide sufficient FCPA victim restitution. Section IV discusses the pending Wal-Mart case and the issues facing Wal-Mart victims. Section V outlines other avenues of recovery for FCPA victims and proposes new measures for …


Navigating The Fcpa's Ambiguous "Instrumentality" Provision: Lesons For The Energy Industry, Clinton R. Long Jan 2013

Navigating The Fcpa's Ambiguous "Instrumentality" Provision: Lesons For The Energy Industry, Clinton R. Long

Richmond Journal of Global Law & Business

No abstract provided.


"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick Jan 2013

"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick

Richmond Journal of Global Law & Business

No abstract provided.


Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 By A Guideline?, Michael Peterson Jan 2013

Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 By A Guideline?, Michael Peterson

Richmond Journal of Global Law & Business

No abstract provided.


An Examination Of Foreign Corrupt Practices Act Issues, Mike Koehler Jan 2013

An Examination Of Foreign Corrupt Practices Act Issues, Mike Koehler

Richmond Journal of Global Law & Business

This article provides an overview of 2012 Foreign Corrupt Practice Act enforcement and examines the top FCPA issues from the year. The goal of the article is to place FCPA enforcement in better context and provide readers a more informed base in analyzing enforcement trends, assess- ing enforcement agency rhetoric and policy positions, and in sifting through the mounds of information disseminated by FCPA Inc.


Four Uncharted Corners Of Anti-Corruption Law: In Search Of Remedies To The Sanctioning Effect, Andrew B. Spalding Jan 2012

Four Uncharted Corners Of Anti-Corruption Law: In Search Of Remedies To The Sanctioning Effect, Andrew B. Spalding

Law Faculty Publications

This Article is the third installment in a long-term research project that examines the effects of the U.S. Foreign Corrupt Practices Act in relation to its underlying policy goals. It first reiterates the various data points showing that enforcement now has the unintended effect of reducing investment in higher-corruption markets. Because this amounts to the withdrawal of capital from developing countries in protest of their political conditions, I call this the "sanctioning effect." The paper then seeks to push the envelope of current anti-bribery debates by exploring connections to four fields of academic inquiry not typically associated with the FCPA. …


Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets,, Andrew B. Spalding Jan 2010

Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets,, Andrew B. Spalding

Law Faculty Publications

Although the purpose of international anti-bribery legislation, particularly the U.S. Foreign Corrupt Practices Act (FCPA), is to deter bribery, empirical evidence demonstrates a problematic collateral effect. In countries where bribery is perceived to be relatively common, the present enforcement regime goes beyond the deterrence of bribery, and ultimately deters investment. Drawing on literature from political science and economics, this Article argues that anti-bribery legislation, as presently enforced, functions as de facto economic sanctions. A detailed analysis of the history of FCP A enforcement shows that these sanctions most often occur in emerging markets, where historic opportunities for economic and social …


After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares Jan 2005

After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares

Richmond Journal of Global Law & Business

No abstract provided.