The "New" DOJ and SEC Guidance on the FCPA: Is There Anything New?

Program Number: 2320

Program Date: 02/28/2013


The DOJ and the SEC have issued their new guidance on the FCPA after more than a year-long wait. The new 100-page plus booklet, which contains chapters and sections on virtually every key topic from jurisdiction to who is a foreign official to compliance, was written in the wake of comments by the OCED suggesting that additional guidance be given to the market place. At the same time business groups were clamoring for reform, claiming, among other things, that a procedures defense should be added to the statute, that the definition of foreign official needed to be clarified, and that the issue of successor liability needed to be addressed. Congress held repeated hearings and draft legislation was introduced. But now that the guidance has arrived, along with a virtual blizzard of comment, is there really anything new and/or important? Join Tom Gorman as he addresses the key issues, including the requests for guidance and the demands for statutory reform; analyzes the Booklet’s provisions, including what is old and what is new; and illuminates the most important features of the guidance for today and tomorrow.

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Available in states

California, Colorado Eligible, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.00 General CLE credit
60 minute credit hour - 1.00 General CLE credit

State Program Numbers


Thomas O. Gorman, Esq.

Dorsey & Whitney LLP

Thomas O. Gorman, Esq. is a partner in the Washington, D.C. office of Dorsey & Whitney LLP. Mr. Gorman, whose practice involves a wide range of civil and criminal securities and business litigation matters, including conducting internal corporate investigations, defending public companies and individuals in SEC and DOJ investigations, and defending securities class action and derivative suits, is Co-chair of the ABA White Collar Crime Securities Section, and a former member of the staff of the Securities and Exchange Commission's Enforcement Division and Office of the General Counsel. He is a frequent speaker and author of articles regarding securities litigation topics and publishes a blog (, which comments on trends and current events in SEC and DOJ securities enforcement investigations and actions. Among his other honors, and those awarded for his blog, he has been selected since 2007 for inclusion in Super Lawyers in the area of securities litigation and Washington Business Journal previously recognized him as one of the five top lawyers in Washington, D.C.