Thanks. I picked up this habit from my days in practice. The partner wanted an answer about a very narrow employment issue immediately. No time to research. So I picked up the phone and called the state Department of Labor and got an answer. The worst they could say was no thanks or not reply.
Robert
Robert C. Bird
Assistant Professor
University of Connecticut
email: [log in to unmask] <mailto:[log in to unmask]>
View my research on my SSRN Author page:
http://ssrn.com/author=56987 <http://ssrn.com/author=56987>
________________________________
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of Kenneth Schneyer
Sent: Fri 10/12/2007 8:26 PM
To: [log in to unmask]
Subject: Re: I meant that in a good way
I can't speak for the DOJ, but I found that my inquiries to the SEC, back in the day, were met with similar promptness, courtesy and precision.
Hi, Laura! I miss you.
Ken
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Hartman, Laura
Sent: Friday, October 12, 2007 8:11 PM
To: [log in to unmask]
Subject: I meant that in a good way
Just to be perfectly clear - because email can be so easily misunderstood or misinterpreted - I meant my last posting in a completely straightforward, honest, non-facetious tone. I am actually in awe and would be encouraged by Robert's efforts today to send my own questions to the DoJ every so often.
Laura, again.
Prof. Laura P. Hartman
Assoc. Vice President, Academic Affairs
Professor of Business Ethics, Dept. of Management
DePaul University
1 E. Jackson Blvd., ste. 7000
Chicago, IL 60604
Ph: 312/362-6569, Fax: 312/362-6973
Mobile: 312/493-9929
www.nothingbutnets.net
________________________________
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Robert Bird
Sent: Friday, October 12, 2007 6:31 PM
To: [log in to unmask]
Subject: FW: FCPA question regarding local law
I emailed the DOJ, here is the response.
Robert
Robert C. Bird
Assistant Professor
University of Connecticut
email: [log in to unmask] <mailto:[log in to unmask]>
View my research on my SSRN Author page:
http://ssrn.com/author=56987 <http://ssrn.com/author=56987>
________________________________
From: Leonovicz, Lori on behalf of Fraud, FCPA
Sent: Fri 10/12/2007 6:34 PM
To: Robert Bird
Subject: RE: FCPA question regarding local law
Dear Professor Bird,
The "local law" affirmative defense is rarely invoked, and I cannot think of a single instance in which is has been successful. That is largely because even if a certain payment to a government official is permitted under local law, the local law likely does not authorize such payments in exchange for an improper advantage or preferential treatment.
I hope this is useful.
Best Regards,
Lori A. Leonovicz
Trial Attorney - Foreign Corrupt Practices Act
DOJ Criminal Division, Fraud Section
202-514-0839
www.usdoj.gov/criminal/fraud/fcpa
<http://www.usdoj.gov/criminal/fraud/fcpa.html>
________________________________
From: Robert Bird [mailto:[log in to unmask]]
Sent: Friday, October 12, 2007 10:32 AM
To: Fraud, FCPA
Subject: FCPA question regarding local law
Hello,
I am an Assistant Professor teaching the FCPA to students at the University of Connecticut. I have a question about the FCPA. Does the FCPA permit payments to foreign officials in order to influence a governmental decision if that payment is legal under local law? I am aware of the "routine governmental action" exception. Outside of that exception, does legality under local law make the payment legal? I am receiving conflicting answers from various sources.
Thanks for your assistance,
Robert
Robert C. Bird
Assistant Professor
University of Connecticut
email: [log in to unmask] <mailto:[log in to unmask]>
View my research on my SSRN Author page:
http://ssrn.com/author=56987 <http://ssrn.com/author=56987>
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