The FCPA and the New Administration: Executive Order Impacting Enforcement, Compliance Challenges, Regulatory Overlap

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
International
- event Date
Tuesday, March 11, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will examine the current Foreign Corrupt Practices Act (FCPA) landscape and the impact of the new administration, including the recently issued executive order (EO) pausing new FCPA enforcement, at least by the Department of Justice. After an initial overview of key provisions and compliance challenges under the FCPA, the expert panel will explore where things stand at present, along with notable enforcement actions from 2024. Ultimately, our panelists will provide their thoughts on what expect in 2025 and beyond, both under the FCPA and other regulatory regimes that overlap with the FCPA.
Faculty

Mr. Parkinson focuses his practice on counseling businesses and individuals in regulatory compliance and government investigations, with an emphasis on multi-jurisdictional and Foreign Corrupt Practices Act (FCPA) matters. A member of the firm’s Compliance & Government Investigations group, he has significant experience navigating cross-border matters and representing clients in criminal and civil enforcement actions involving the FCPA, extradition, securities fraud, insider trading, false statements and environmental issues. Mr. Parkinson also counsels clients with global business operations and partnerships related to U.S. sanctions regimes administered by the Office of Foreign Assets Control (OFAC), as well as anti-money laundering (AML) regulations under the Bank Secrecy Act (BSA). His work involves compliance advice and internal and governmental investigations for clients around the globe, and has worked on projects involving China, India, Kazakhstan, Russia, South Africa, South Korea, Egypt and throughout Europe and the United Kingdom. His clients include U.S. and non-U.S. entities across a range of sectors, such as banking, fintech, manufacturing, retail and food services, as well as senior executives facing civil and criminal investigation. A recognized leader within the international law community, Mr. Parkinson is frequently invited to speak on topics related to financial crime and anti-corruption around the world, including in Kiev, Paris, Seoul, and Tokyo. He has also served as a guest lecturer at law schools in Chile, Mexico and the United States, and he is a member of the U.K. chapter of Transparency International.

Mr. Mindell originally joined Yum! to focus on building the company’s anti-corruption compliance program but quickly added other compliance areas to his portfolio of responsibilities. In his current role, he is responsible for all areas of Yum!’s global compliance program including compliance training, internal investigations, third-party compliance due diligence and sanctions compliance. Mr. Mindell also leads the data privacy compliance team. Prior to joining Yum!, he spent almost six years in the Government Enforcement Practice Group at Ropes & Gray where his practice focused on general regulatory compliance and white collar investigations with a particular focus on anti-corruption compliance.

Mr. McBride represents companies and individuals in international trade regulatory, compliance, investigative, and enforcement matters involving U.S. economic sanctions and economic embargoes, U.S. export controls, FCPA, U.S. anti-boycott controls, U.S. customs and other import controls, anti-money laundering and other banking controls, and U.S. international trade enforcement and regulatory actions.
Description
The FCPA, the primary U.S. anti-bribery and anti-corruption (ABAC) law regulating U.S. companies and individuals outside the United States, has historically been the most aggressively enforced ABAC law in the world. In 2024, the U.S. government imposed penalties amounting to over $1 billion against companies in a broad range of sectors, including aerospace and defense, extractive industries, professional services, and software.
Even if the new Trump administration slows enforcement efforts, such as with the recently issued EO pausing new FCPA enforcement action, compliance obligations under the law will not disappear. Moreover, matters resolved in 2024 serve as a reminder of how the FCPA overlaps with other regulatory regimes, such as under U.S. export controls, that the Trump administration may expand and potentially enforce with gusto.
Listen as our expert panel provides an FCPA regulatory update. The panel will examine lessons learned from notable 2024 enforcement actions and what is likely to come next. The panel will also offer best practices for compliance.
Outline
- Introduction
- Overview of FCPA
- Brief history of law
- Key elements/definitions/interpretations
- Specific compliance challenges
- 2024 enforcement lessons
- Raytheon
- McKinsey
- SAP
- New administration impact
- EO pausing new FCPA enforcement
- Additional insights
- Practitioner takeaways/questions
Benefits
The panel will review these and other important considerations:
- What overlap between the FCPA and other regulatory regimes should counsel be aware of? How does this impact compliance obligations?
- What lessons may be learned by counsel from key 2024 FCPA enforcement actions?
- What effect may the new administration have on FCPA enforcement?
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