This article examines the legal end ethical obstacles facing attorneys when counseling clients on the Foreign Corrupt Practices Act (FCPA). It gives the background of the FCPA and the circumstances of its enactment, specifically looking at the legislative history of the Act. The article also provides the statutory language of the FCPA and cases illustrating how the FCPA has been applied. It examines the relationship of the FCPA and the ABA Model Rules of Professional Conduct and state ethical rules on attorney conduct. The article provides multiple hypotheticals illustrating the ethical quagmires attorneys face when counseling clients on the FCPA. It examines regulation of attorneys under SEC regulations, specifically looking at the relationship of the FCPA and Sarbanes-Oxley Act. The article also looks at private remedies available under the FCPA, specifically looking at legal malpractice actions brought for advice given under the FCPA. It also includes solutions for attorneys to avoid liability under the FCPA, including solutions provided by the government, solutions for attorneys, and solutions for companies. The article also suggests amendments to the FCPA that would clarify several ambiguous provisions and minimize liability.
Available at: http://works.bepress.com/william_nelson/2/