Advocacy
Coalition Letter to the Department of Justice and the Securities & Exchange Commission on "Guidance Concerning the Foreign Corrupt Practices Act," February 21, 2012.
Written Testimony of NACDL Director of White Collar Crime Policy Shana-Tara Regon Before the House Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security, on the "Foreign Corrupt Practices Act," June 14, 2011.
Commentary & Scholarship
Paul F. Enzinna, The FCPA: Aggressive Enforcement and Lack of Judicial Review Create Uncertain Terrain for Businesses , The Manhattan Institute, January 2013.
Mike Koehler, Foreign Corrupt Practices Act Enforcement as Seen through Wal-Mart’s Potential Exposure , Sept. 2012.
Stephen Choi and Kevin Davis, Foreign Affairs and Enforcement of the Foreign Corrupt Practices Act , July 2012.
Alexandra Wage, Corporate Counsel , Free Antibribery Tools for Corporate Compliance Officers , June 2012.
Jon Jordan, The Adequate Procedures Defense Under the UK Bribery Act: A British Idea for the Foreign Corrupt Practices Act , June 2012.
D. Daniel Sokol, Cartels, Corporate Compliance and What Practitioners Really Think About Enforcement , June 2012.
Lucian E. Dervan and Markus Rubenstahl, Global Bribery: The Foreign Corrupt Practices Act , May 2012.
Mark Tuohey, Paul Enzinna, & Lauren Curry, Corporate Counsel, An In-House Counsel Corporate Corruption Playbook , April 2012.
Joseph W. Yockey, FCPA Settlement, Internal Strife, and the ‘Culture of Compliance’ , March 2012.
Catherine Dunn, Co rporate Counsel , Double Jeopardy and the New World of Antibribery Laws , March 2012.
Brian Cabrera, Corporate Counsel , Five Essential Elements of a Successful International Compliance Program , March 2012.
Mike Koehler, What Percentage of DOJ FCPA Losses is Acceptable? , March 2012.
Continue reading below
Featured Products
Challenging Digital Forensic Evidence & Software
This program arms defense attorneys with the legal strategies and technical understanding needed to challenge software evidence at every stage: expert qualifications, reliability under Rule 702, confrontation rights, discovery, due process, and more. You'll learn how to cross-examine government witnesses who rely on black-box technology they don’t truly understand—and how to force the court to take a closer look at what's really driving forensic conclusions. Learn how STRmix, TruleIO, ShotSpotter, and AI-generated sketches are marketed as scientifically validated, yet often evade scrutiny.
Objections That Stick! How to Exclude, Preserve, and Persuade
If you’re not objecting, you might be conceding—learn how to stop giving ground.
This program delivers practical strategies for making effective objections in criminal trials, especially drug cases. Learn how to challenge hearsay, 404(b) evidence, improper opinions, and prejudicial testimony. You’ll get objection language, methods for preserving error, and tactics for handling misconduct in closing arguments. With real-world examples and trial-tested tools, this program helps defense attorneys sharpen courtroom advocacy and protect the record for appeal.
Combating the "Rape Myth" Expert: Excluding & Diffusing Expert Testimony
When the prosecution uses a “rape myth” expert to sway the jury, do you know how to stop them—and turn their science against them?
This program, based on a real trial, gives defense attorneys a practical roadmap to challenge and exclude biased psychological testimony. You’ll get sample voir dire, motion language, Daubert strategies, and tips for exposing flawed methodology and narrowing testimony. Whether you're aiming to exclude the expert or limit their impact, this session equips you with the tools to protect your client and assert control in the courtroom.
Pattern Cross-Examination for Digital Forensic Experts
This guide provides ready-to-use cross-examination questions, categorized by artifact type and case theme—from cell phone towers to deleted texts to smart devices and cloud forensics. Whether you’re handling a case involving child exploitation, stalking, or online fraud, this book delivers practical patterns designed to highlight sloppy forensics, bias, tool limitations, and assumptions of intent or identity. Defense attorneys don’t need a computer science degree—they need strategy, control, and the right questions to challenge the illusion of digital certainty in court.
Using Chat GPT in Criminal Cases - Writing Better Prompts
Want a motion written in plain language but grounded in Tennessee case law? Need a summary of Fourth Amendment jurisprudence with primary and secondary citations? This is where you learn how to get that—on demand, and with far less editing. This training is designed specifically for attorneys—busy professionals who need fast, accurate, and case-relevant AI support. Whether you’re drafting motions, brainstorming legal strategy, summarizing complex case law, or preparing cross-examinations, the quality of your AI output comes down to one thing: how you ask for it.
Alcohol, Blackouts and Consent in Sex Cases
This comprehensive training program provides defense attorneys with a rigorous, science-backed approach to dismantling prosecutorial narratives, exposing unreliable testimony, and ensuring that juries are properly educated on the complexities of memory, intoxication, and consent. You'll explores critical mistakes and misconceptions encountered in these cases, including errors in memory reconstruction after an event, incorrect inferences, cognitive schemas, suggestibility, contamination and misinformation, mistakes of fact and more.
Overcoming the Presumption of Guilt and Defining Reasonable Doubt
Reasonable Doubt, what is it?
In order to win criminal cases, the defense practitioner must object to a reasonable doubt standard that lowers the burden of guilt. This program will discuss proven methods to argue and define reasonable doubt persuasively to a jury. You’ll learn how define reasonable doubt using metaphors and hypothetical scenarios that force juries to dispute the evidence, conflicts in the evidence, or even lack of evidence in your case.
The DIY of DNA: Exoneration Through DNA Evidence
This presentation might be the first time you’re truly able to truly grasp the fundamentals of DNA evidence. This critical presentation blends real-world storytelling with clear, practical instruction—making DNA evidence finally feel accessible, even to non-scientists—while inspiring attorneys to dig deeper, ask smarter questions, and approach forensic science with newfound confidence. You’ll learn how to identify and interpret electropherograms, understand autosomal vs. Y-STR testing, and recognize the limits of DNA evidence—particularly when it involves partial or mixed samples.
Barbara Black, The SEC and the FCPA: Fighting Global Corruption is Not Part of the SEC's Mission , February 2012.
Robert Plokin, Vivian Robinson, Jeremy Freeman & Kurt Wolfe, New York Law Journal , A New Era of Global Anti-Corruption Enforcement , February 2012.
Mike Koehler, Revisiting a FCPA Compliance Defense , January 2012.
Matthew Feeley, Corporate Counsel , From the Experts: Complying with the FCPA, Staying Competitive in China , January 2012.
Mike Koehler, Big, Bold, and Bizarre: the Foreign Corrupt Practices Act Enters a New Era , December 2011.
T. Markus Funk, Walking Through the FCPA and Travel Act’s Anti-Bribery Provisions , December 2011.
Drury D. Stevenson & Nicholas J. Wagoner, FCPA Sanctions: Too Big to Debar? , November 2011.
Michael E. Clark, What Is A “Foreign Official”?: Vague Term Complicates Corrupt Practices Act Compliance , November 2011.
Eugene R. Sullivan, The U.K. Bribery Act: Bolstering The Arsenal Of Anti-Corruption Legislation , Washington Legal Foundation , November 2011.
Jessica Tillipman, The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences , September 2011.
Richard Cassin, Courageous Correspondents: Recent Foreign Corrupt Practices Act-Related Scholarship that Rocked the Boat , 46 New Eng. L. Rev. 21 (2011).
Thomas Gorman & William McGrath, The New Era of FCPA Enforcement - Five Part Series , August 2011.
Joseph W. Yockley, S olicitation, Extortion, and the FCPA , July 2011.
Philip Urofsky & Danforth Newcomb, FCPA Digest: Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act , Shearman & Sterling LLP , January 2011 .
Andrew Weissmann & Alixandra Smith, Restoring Balance: Proposed Amendments to the Foreign Corrupt Practices Act , U.S. Chamber Institute for Legal Reform , November 2010.
Mike Koehler, The Façade of FCPA Enforcement , November 2010.
Alex J. Brackett & J. Patrick Rowan, Taking Your Medicine: Navigating Industry-Targeted Enforcement of the Foreign Corrupt Practices Act , Washington Legal Foundation , November 2010 .
Claudius O. Sokenu, SEC, Whistleblowing, and the Foreign Corrupt Practices Act , Washington Legal Foundation , October 2010 (video) .
Amy Westbrook, Enthusiastic Enforcement, Informal Legislation: The Unruly Expansion of the Foreign Corrupt Practices Act , September 2010.
Stanley Sporkin, Origins of the FCPA , ABA National Institute on the FCPA, October 16, 2006.
Stanley Sporkin, The Foreign Corrupt Practices Act - Then and Now , 12th Annual FCPA Conference, November 15-16, 2004.