Foley Partner David Simon authored an article that appeared on TheBriberyAct.com blog on May 12, 2011 titled “Is the Bribery Act ban on Commercial Bribery Such a Big Deal?” Simon discusses challenges to the United States Department of Justice’s interpretation of the Foreign Corrupt Practices Act’s (FCPA) “foreign official” element. He states that U.S. regulators have taken an expansive view of the meaning of “foreign official,” adding that difficult questions remain regarding the definition of “foreign official” and whether the government needs to be in a position of active control.
