Carrie Cohen, James Koukios, and Katherine Wang published an article in the New York Law Journal that discussed the implications of President Trump's Executive Order suspending enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) for 180 days. The authors noted that, despite the federal pause, state attorneys general may enforce the FCPA or analogous state laws to address foreign bribery schemes. The authors discussed the broad authority of state attorneys general under parens patriae and state consumer protection statutes to pursue civil remedies for FCPA violations. Businesses are advised to maintain compliance programs as state-level enforcement could fill the gap left by the federal suspension.
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