Insiders' Perspectives on the Ins and Outs of the 2020 DOJ FCPA Guide: A Conversation with Ropes & Gray’s Anti-Corruption and International Risk Leaders

The Criminal Division of the U.S. Department of Justice (DOJ) and the Enforcement Division of the U.S. Securities and Exchange Commission (SEC) released the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act (FCPA) on July 3, 2020 (the “2020 Resource Guide”), updating the first edition released in November 2012 (the “2012 Resource Guide”). The 2020 Resource Guide does not make fundamental changes to its predecessor, but serves as a repository of various legal and regulatory developments since 2012. This includes highlighting developments in case law such as United States v. Hoskins, as well as new sections dedicated to discussing guidance such as the DOJ FCPA Corporate Enforcement Policy, Selection of Monitors in Criminal Division Matters, Coordination of Corporate Resolution Penalties (or Anti-Piling On Policy), and the Criminal Division’s Evaluation of Corporate Compliance Programs. In this Ropes & Gray podcast, Alex Rene, co-chair of the firm’s litigation & enforcement practice, moderates a conversation with the co-leaders of the firm’s anti-corruption and international risk practice—María González Calvet, Amanda Raad and Ryan Rohlfsen—on the updates in the 2020 Resource Guide, as well as their implications on liabilities and responsibilities under the FCPA, including regulator views on compliance programs and culture.