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Low Hopes for FCPA Guidance

Samuel Rubenfeld, writing for the WSJ’s Corruption Currents blog, reports that industry experts have “low expectations for a coming guidance on US foreign bribery law.” Dan Nardello, one of the experts consulted, remarked, “anybody acting for clients in this space sees the need, certainly, for more certainty and more clarity around numerous issues,” adding, “I don’t think it’s going to change unless they take a more reasonable approach than they have. The act is prosecutorially defined.”read more

US Weighs Retail Sweep after Wal-Mart Bribery Scandal

Aruna Viswanath provides commentary on the impact that the Wal-Mart scandal has had on strategies employed by US regulatory agencies. “They have taken an industry-based enforcement approach, and I’m sure this has piqued their interest and gotten their prosecutorial juices flowing,” says Dan Nardello when explaining a possible motivation for a wide-ranging anti-corruption probe.read more

China corporate records policy shift: what hedge funds need to know

A recent policy change aimed at obscuring corporate records in China has made conducting due diligence there that much more difficult for hedge funds and others, as reported in a recent International Financial Law Review article. But according to Ben Rowse, head of Nardello & Co.’s Asia practice, finding an in-country investigator with the right resources can make all the difference. “Good investigators have established networks of informed sources who they can reach out to for their expertise and knowledge,” Rowse told IFLR. “A New York hedge fund is unlikely to have such a network.”read more