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Full-Text Articles in Law
Commercial Bribery And The New International Norms, Don R. Berthiaume
Commercial Bribery And The New International Norms, Don R. Berthiaume
Don R Berthiaume
The United States, through its Foreign Corrupt Practices Act (FCPA), and the member nations of the Organization for Economic Co-Operation and Development (OCED) and Council of Europe (CoE) who have adopted similar legislation have made tremendous strides in hindering corrupt payments to foreign officials relating to business transactions. In response to these enforcement initiatives, many international businesses have taken steps to comply with anti-bribery laws by developing compliance programs and conducting internal investigations and cooperating with law enforcement officials when allegations of corrupt payments arise.
Broken Principle: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Broken Principle: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Don R Berthiaume
How can corporations cooperate in white collar criminal investigations by providing “just the facts” without waiving the attorney client privilege and work product protection? This article provides a unique solution to this vexing problem. This article argues that Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf... about information known or reasonably available to the organization,” provides a template for the creation of a similar …