Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- International Law (3)
- FCPA (2)
- Legislation (2)
- Private international law (2)
- Alien Tort Statute (1)
-
- Anti-bribery (1)
- Antitrust (1)
- Bounty program (1)
- Bribery (1)
- Business ethics (1)
- Campaign Finance (1)
- Citizens United (1)
- Constitutional Law (1)
- Corporate compliance (1)
- Corporate ethics (1)
- Corporate governance (1)
- Corruption (1)
- Customary international law (1)
- Dodd-Frank Act (1)
- Employment Practice (1)
- Extraterritoriality (1)
- First Amendment (1)
- Foreign Corporations (1)
- Foreign bribery (1)
- Human Rights Law (1)
- Human rights (1)
- International (1)
- International Trade (1)
- International civil litigation (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Beyond Incentives: Making Corporate Whistleblowing Moral In The New Era Of Dodd-Frank Act "Bounty Hunting", Matt A. Vega
Beyond Incentives: Making Corporate Whistleblowing Moral In The New Era Of Dodd-Frank Act "Bounty Hunting", Matt A. Vega
Matt A Vega
In this article, I examine the SEC's new whistleblower bounty program authorized by the Dodd-Frank Act. Under the program, which went into effect last year, the SEC is required to pay a bounty to whistleblowers who voluntarily provide the agency with "original information" about a potential securities law violation that leads to a successful SEC or "related" enforcement action and that results in monetary sanctions of sufficient size. When the average SEC settlement is over $18.3 million, whistleblowers can expect the average bounty to be well in the range of $2-5 million.
My contention is that this new program is …
The First Amendment Lost In Translation: Preventing Foreign Influence In U.S. Elections After Citizens United V. Fec, Matt A. Vega
The First Amendment Lost In Translation: Preventing Foreign Influence In U.S. Elections After Citizens United V. Fec, Matt A. Vega
Matt A Vega
This Article invites readers to consider an unusual approach to curtailing the threat of foreign corruption: limiting political speech. The Article argues that permitting foreign-owned and foreign-controlled corporations to pour money into U.S. elections has undermined self-governance and threatens our democracy. By exploring both constitutional and extra-constitutional theory, this Article adds several novel arguments to the ongoing debate on the First Amendment’s relationship to campaign finance laws governing foreign corporations. The Article benefits from the author’s own anti-corruption experience as senior counsel for FedEx and legal advisor to the World Customs Organization Private Sector Consulting Group.
The basic question addressed …
Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute, Matt A. Vega
Matt A Vega
This article argues that transnational corporate bribery is actionable under the Alien Tort Statute of 1789 (ATS) as a violation of the law of nations. In the early years of the Republic, bribery of a foreign official was commonly understood to violate the law of nations. Today, bribery is occasionally mentioned in passing as a precursor to human rights violations, but the bribe itself is seldom analyzed as a potential violation of the law of nations. However, the Second Circuit Court of Appeals recently allowed “aiding and abetting” to proceed as a customary international law violation under the ATS in …
Sarbanes-Oxley & The Culture Of Bribery: Expanding The Territorial Scope Of Private Whistleblower Suits To Overseas Employees, Matt A. Vega
Sarbanes-Oxley & The Culture Of Bribery: Expanding The Territorial Scope Of Private Whistleblower Suits To Overseas Employees, Matt A. Vega
Matt A Vega
SARBANES-OXLEY & THE CULTURE OF BRIBERY: EXPANDING THE TERRITORIAL SCOPE OF PRIVATE WHISTLEBLOWER SUITS TO OVERSEAS EMPLOYEES, by Matt A. Vega
This article has been accepted for publication in Vol. 46, No. 2 Harvard J. on Legis. 425 (Summer 2009).
Abstract: This paper examines the use of private transnational litigation to enforce the Foreign Corrupt Practices Act of 1977 (FCPA). Small, but repetitive bribery of foreign officials by local employees is the Achilles heel of corporate ethics. In fact, it is what perpetuates the “culture of bribery” that makes major corruption possible. Unless overseas employees refuse to give in to …