To be sure, although not in the context of the FCPA, the SEC has recently sued an independent director for failing to adequately discharge oversight responsibilities. And directors of companies with FCPA problems frequently find themselves named as defendants in shareholder derivative actions. Finally, if the worst happens, the FCPA prohibits companies from indemnifying directors for fines assessed for violations of the FCPA, and insurance will not usually be available to cover such fines. In short, there is no doubt that directors are well-advised to closely oversee FCPA compliance. To that end, what follows below are 10 key questions that every director should ask about FCPA compliance.
‘Enforcement 40’ for 2020
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