In this episode I visit with Mark Lanpher, a partner at Shearman & Sterling LLP, practicing in the firm’s White Collar and Regulatory Enforcement group. Lanpher is a former Assistant Chief Litigation Counsel at the SEC. We take a deep dive into the July 2018 change in FCPA Enforcement Policy, announced by the Justice Department creating a safe harbor in mergers and acquisition enforcement actions brought under the FCPA. Some of the highlights from the podcast include:

  1. How did Matthew Miner’s announcement impact the FCPA Corporate Enforcement Policy re: M&A?
  2. What were the policy reasons behind the announcement?
  3. Was Miner’s announcement a codification of DOJ/SEC safe harbor policy first articulated in the 2012 FCPA Guidance?
  4. How did (or not) Miner’s announcement bring certainty to this area?
  5. What does it mean going forward?