When FCPA Violations Turn Into Private Securities Cases

Law360 (July 10, 2019, 1:05 PM EDT) -- The absence of a private right of action under the Foreign Corrupt Practices Act has motivated plaintiffs attorneys to pursue indirect legal theories — often in the form of securities class actions, derivative actions or books and records cases — in an effort to craft a recoverable private claim for corporate bribery.

Typically, these attempts have relied on a company’s disclosure of a government investigation or statements in a deferred prosecution agreement or settlement agreement between a company and a regulator, in which the company admits facts about wrongful conduct and internal control failures. Plaintiffs attorneys try to capitalize on these...

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