US Department of Justice Releases First FCPA Advisory Opinion of 2011

August 03, 2011
In its first Foreign Corrupt Practices Act (“FCPA”) Advisory Opinion of 2011, the U.S. Department of Justice has addressed an issue of perennial concern and consternation for covered corporations and individuals—what is the scope of the FCPA’s “promotional expenses” exemption under the FCPA? In this update, we offer a summary of the Advisory Opinion’s analysis and lessons learned from our own experience advising corporations on proper promotional expenses payments under the FCPA, as well as from successfully obtaining an Advisory Opinion for a client regarding such promotional expenses issues.