Marisa Darden Quoted in Law360 on DOJ Uncertainty in FCPA Cases

Marisa Darden, Chair of Benesch’s White Collar, Government Investigations & Regulatory Practice Group, was quoted in Law360 discussing the uncertainty surrounding Foreign Corrupt Practices Act (FCPA) enforcement. The article examines how the Department of Justice’s pause in FCPA investigations has left both attorneys and their clients in limbo, with little clarity on how cases will proceed.

White collar lawyers now find themselves trying to help clients “understand that the rhetoric [from the Trump administration] may or may not apply to the actual, practical enforcement mechanisms of the Department,” Darden explained.

“If you’re a client with an open FCPA case, it’s not unreasonable to push your lawyers to try to get it resolved,” she added. “But we don’t have answers the way we used to, and that’s a scary place for a lawyer to be.”

She also acknowledged that attorneys are considering alternative approaches in response to the DOJ’s lack of guidance. “There may be other channels to handle investigations in light of the uncertainty of the moment,” Darden noted.

Read the full article here.