In today’s globalized economy, more and more U.S. businesses operate overseas. As such, they fall under the strictures of the U.S. Foreign Corrupt Practices Act, or FCPA, which forbids payments to “foreign officials” — the idea being to prevent bribes.

U.S. companies should not be permitted to bribe foreign officials, but U.S. prosecutors have pursued ever more expansive theories to bring conduct within the statute’s ambit, while resolving most cases with settlements that preclude judicial review. The result is an uncertain landscape for U.S. businesses.