Foley Partner David Simon, former Foley Senior Counsel Rohan Virginkar and Associate Matthew White authored an article that appeared in the December 2010 issue of The Corporate Counselor titled "My Agent Did What?" The authors discuss the risks presented by the use of third parties when doing business internationally, stating that the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have increased the number of investigations into, and actions filed against, both corporations and individuals who have violated provisions established by the Foreign Corrupt Practices Act (FCPA). They add that companies should consider engaging in risk assessments to address any high-risk areas involving third parties, noting that the effectiveness of a company’s FCPA compliance program is a factor considered by the government in assessing sanctions for FCPA violations.
