Increased Opportunities for Foreign Investment in Brazil Also Bring Increased Risk for FCPA Violations

Posted on March 25, 2010 by Sheppard Mullin

By Curt Dombek and Karin Johnson

With the award to Rio de Janeiro of two of the highest profile sports events in the world—the 2014 World Cup and the 2016 Summer Olympics—many U.S. and multinational corporations will be looking for investment opportunities in Brazil. If the 2008 Olympics in China are to be any kind of guide, foreign investment in Brazil will dramatically increase over the next several years and Brazil will become an increasingly attractive market. Companies looking to do business or invest in Brazil, however, should also be aware of the risks they face under the Foreign Corrupt Practices Act (“FCPA”) and should ensure that they have a strong compliance program in place.
 

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Reach of Foreign Corrupt Practices Act Exceeds Grasp: Due Process Limits

Posted on October 23, 2008 by Sheppard Mullin

By Rebecca Roberts

According to Forbes, the government has initiated more proceedings under the Foreign Corrupt Practices Act in the last five years than it did in the previous twenty. Given the huge expense and political and economic implications of an enforcement action, many companies choose to settle rather than litigate. As a result, there is not much case law on the constitutional implications of the FCPA’s long reach, which may, in some cases, exceed due process requirements.
 

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