Lily Becker Provides Roadmap for Companies to Avoid FCPA Missteps During COVID-19 Crisis

Corporate Board Member

In this Corporate Board Member magazine article, Orrick partner Lily Becker provides guidance for C-Suite executives and boards to guard against ethical missteps during the COVID-19 crisis that could result in costly consequences in the future.

Lily, a member of our white collar and government investigations practice, observed that companies may be at heightened risk of exposure to U.S. Department of Justice investigations under the Foreign Corrupt Practices Act (FCPA) if they do not remain vigilant against ethical violations. She noted that such anti-bribery and corruption investigations have increased in recent years, subjecting companies to protracted litigation and staggering penalties and fines.

With companies under mounting pressure during the current crisis, Lily recommends a number of protective measures, including ensuring board members are trained on FCPA provisions; having CEOs and other executives send clear messages to employees to act ethically, particularly in turbulent times; raising awareness about the potential for corruption in dealings with foreign governments; and having strong compliance programs in place for cross-border M&A activity.