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Baker McKenzie Partner Peter Tomczak has co-authored the sixth edition of The Foreign Corrupt Practices Act Handbook, a sought-after guide for in-house counsel at multinational companies seeking guidance and clarity on FCPA risks globally. The Handbook is published by the American Bar Association.

The Handbook has been fully updated and expanded, offering a comprehensive analysis of FCPA developments as updated from the previous 2018 edition, and anti-bribery and anticorruption (ABAC) implications for transactions and compliance programs, offering practical guidance on how to address these issues. The book continues to include summaries of anticorruption statutes of and enforcement in Brazil, Canada, China, India, and the UK, and now adds France.

The sixth edition also contains expanded analysis of international anticorruption trends, considerations for boards of directors and management responsibilities, and anticorruption risks in M&A and commercial transactions, as well as unique issues relating to gifts, travel, lodging and entertainment, and charitable donations and political contributions. The Handbook further expands its review of strategies and practical points for conducting and defending an FCPA investigation. The Sixth Edition concludes with a new chapter reviewing in depth [6] FCPA trials, including key observations on witnesses and evidence offered by both prosecutors and defense counsel.

“Global geopolitics and efforts to combat international bribery are rapidly evolving, while U.S. Department of Justice and Securities and Exchange Commission continue to prioritize anticorruption enforcement. FCPA risk — in new levels of complexity as well as through familiar challenges — is on the mind of nearly all companies and their counsel, regardless of size or industry,” said Peter, Co-Chair of Baker McKenzie’s Global Compliance & Ethics Practice, who co-authored the handbook with Robert Tarun, a now retired partner at Baker McKenzie. “My aim with my close friend and partner Bob Tarun remains to identify major FCPA risk areas for businesses so they can mitigate liabilities in advance, conduct credible investigations, and achieve their business objectives.”


About Baker McKenzie’s Investigations, Compliance and Ethics Practice

Whether dealing with high-stakes investigations, defending against government enforcement actions or pursuing growth opportunities, success depends on calibrating risk. By connecting investigations and rapid crisis response with effective risk management solutions, the Firm’s integrated approach helps companies safeguard their business and protect corporate reputation. Consistently ranked as a top investigations firm by Global Investigations Review, the team takes a no-borders, no-boundaries approach to ensure the best multijurisdictional team for every matter.

Author

Peter Tomczak serves as the Chair of Baker McKenzie's North America Litigation and Government Enforcement Practice Group. Peter serves on the North America Pricing Committee, and oversees the practice group's development and review of non-hourly fee based arrangements, or AFAs. He joined Baker McKenzie in 2003, after having served as a law clerk for the Delaware Court of Chancery.

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