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O’Melveny’s Litchtenbaum, France Co-Author Article in CPI Antitrust Chonice Analyzing Government Agencies’ Guidance on Extraterritorial Scope of the FCPA

12月 14, 2012

O’Melveny & Myers LLP Washington, DC partner Greta Litchtenbaum and associate Elizabeth France co-authored the article “The Extraterritorial Scope of the FCPA as Addressed in New Government Guidance,” in the December 2012 issue of the CPI Antitrust Chronicle. The article takes a close look into the FCPA: A Resource Guide to the US Foreign Corrupt Practices Act (the Guide), which the Department of Justice and the Securities and Exchange Commission released on November 14, 2012. The authors write how “after many months in the making, these agencies’ joint efforts to release such guidance have produced a compendium of past precedents, enforcement principles, and explanatory hypotheticals. Of the many significant issues covered in the Guide, this article addresses the positions the Guide takes regarding the critical issue of the FCPA’s extraterritorial reach, focusing in particular on how the Guide interprets the scope of the statutes’ jurisdiction over foreign persons as well as US parent company liability for acts of foreign subsidiaries. The government’s positions on these two issues signal a willingness to stretch the extraterritorial reach of the FCPA.”