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September 22, 2005 

FCPA Cases Gaining Prominence on U.S. Regulatory Docket

A recent Reuters report on the increased number of cases involving the Foreign Corrupt Practices Act (FCPA) confirms what those of us that practice in the area have experienced first-hand:FCPA cases are "gaining prominence on the U.S. regulatory docket" due to increased international merger activity. The article quotes Paul Berger, the associate director of the Securities and Exchange Commission's (SEC) enforcement division as stating that the SEC has "seen an increase in the number of companies coming forward to discuss issues with respect to the FCPA" and that "there are a fair number of investigations under way" dealing with the FCPA. Compliance with the FCPA should be closely examined during the acquistion of any company that engages in sales outside of the United States.


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