FCPA Enforcement, Compliance Trends During The Pandemic

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August 27, 2020

In an expert analysis in Law 360, John Davis and Ivo Ivanov of the Miller & Chevalier law firm discuss how the COVID-19 pandemic has led to unprecedented business disruptions and have created uncertainty not only for companies trying to comply with the Foreign Corrupt Practices Act (FCPA) but also for the agencies responsible for its enforcement — the U.S. Department of Justice and the U.S. Securities and Exchange Commission.

According to the analysis the pandemic and resulting lockdowns have had a major impact on FCPA-related investigations, most notably in the practical limitations on the agencies' abilities to conduct in-person interviews. Even though both the DOJ and the SEC have moved in some cases to video and other online solutions these alternative methods raise their own issues regarding, for example, security and confidentiality, and whether the company or individual counsel can effectively represent their clients in such remote settings.