Nicolas Bourtin Quoted in Law360 Article on Forthcoming FCPA Decision

January 2, 2017

On January 2, Nicolas Bourtin was quoted in a Law360 article titled “White Collar Cases to Watch in 2017.” He commented on the potential impact of the Second Circuit's forthcoming decision on the extraterritorial reach of the Foreign Corrupt Practices Act. In United States v. Hoskins, the Second Circuit is considering whether a non-resident foreign national not otherwise subject to the FCPA can be charged with conspiracy to violate or aiding and abetting a violation of the FCPA. “For a decade or more, you have had companies who don't fall under the territorial definition of who is subject to the FCPA, and who took no action in the U.S. themselves, choosing to settle with the DOJ rather than litigate,” Nicolas said. “This will have a serious impact on negotiations.”