In the Episode, I visit with Philip Urofsky, partner at Shearman & Sterling, Editor-in-Chief of the firm’s most excellent FCPA Digest. We visit about the firm’s 2020 FCPA Digest, Recent Trends and Patterns in the  Enforcement of the FCPA and consider some of the highlights from the report. We also take a deep dive into the issue of agency under the FCPA, which was a major legal issue in the Hoskins trial and an ongoing debate on the issue of parent-subsidiary liability under the FCPA. Some of the highlights include:

  1. Enforcement actions and strategies seen in 2019. What did the numbers tell us?
  2. What were some of the perennial statutory issues address and litigated in 2019? Did the DOJ adequately address the issue of parent-subsidiary liability? Do the Barclays and Deutsche Bank enforcement actions end the question of whether a job for a child or relative can be a ‘thing of value’ under the FCPA?
  3. What is the significance you seen in the Criminal Division’s 2019 Guidance?
  4. Is the ‘inability to pay’ a codification of existing DOJ practice or something new?
  5. What is the significance of the Och-Ziff restitution case?
  6. What were some of the key developments in the UK around Bribery Act prosecutions and enforcement actions?


To download a copy of the Shearman & Sterling 2020 FCPA Digest, Recent Trends and Patterns in the Enforcement of the FCPA click here.

To use the fully searchable Shearman & Sterling FCPA digest, click here.