A new administration is sure to have an impact on corporate America. But rarely has a new president raised so many questions in so many areas so quickly. President Trump has dominated the news since his inauguration. And he and his administration figure prominently in this issue of Metropolitan Corporate Counsel.
The special section on FCPA works to anticipate how the new administration will affect future policies and law enforcement. Will it level off cases brought against U.S. firms and perhaps target more of those headquartered outside our boarders? Paul Butler of Akin Gump kicks off the section and asks that question (page 21). J. Patrick Rowan and Ryan Bonistalli of McGuireWoods point out that even if the Trump administration moves to dial back FCPA enforcement, changes are likely to be slow because many investigations are already in the prosecution pipeline (page 24).
Rounding out the section, Hank Walther and Henry Klehm of Jones Day write about the record year for Whistleblowers in 2016, including the first SEC award for an FCPA tip (page 25). And Iohann Le Frapper argues that fighting corruption should be a government, corporate and global effort that depends on wide collaboration. Le Frapper brings an interesting perspective to this subject. He is not only the general counsel of industrial financing company ChetWode (based in France), he’s also the chair of the Association of Corporate Counsel and vice-chair of the International Chamber of Commerce Commission on Corporate Responsibility and Anti-Corruption (page 22).
Timothy Cornell of Clifford Chance also focuses on changes under the new administration. The leadership of the Federal Trade Commission is guaranteed to change in the coming months, and he pinpoints how they are likely to affect an area that has been a hotbed of litigation: standard essential patent royalties (page 7). Also, with a large influx of public funding for infrastructure projects expected under the Trump administration, Kelly Donovan of KPMG suggests that we may see many more integrity monitors appointed to safeguard compliance (page 14).
Our cover story this month is based on a panel discussion that Hal Marcus from OpenText Discovery attended at Legaltech 2017. The article he wrote offers an intriguing mix of e-discovery technology and fact-finding strategies that together represent a powerful tool for corporate investigations. His seven short tips contain valuable advice, enhanced by the accompanying graphics (pages 8 to 9).
Finally, we’d like to remind you that our May issue will feature a special section on Women in Business and Law. If you have candidates you’d like to suggest, please let us know. We always value your suggestions.