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Gifts and Entertainment Compliance

By Rebecca Walker, Esq.[1]

Gifts and entertainment can be a treacherous compliance area for organizations. While traditional wisdom holds that gifts and entertainment help foster business relationships—and experience suggests that this can indeed be true—gifts and entertainment can also create inappropriate influences, as well as compliance risks in a number of other areas, such as bribery of government officials, commercial bribery, violations of government procurement and anti-kickback laws and regulations, and violations of the policies of third parties. This article will first discuss compliance and ethics policies and procedures in the area of gifts and entertainment, and then will provide an overview of a few of the more salient areas of law and regulation in this area, including laws and regulations governing dealings with government officials, commercial bribery and pharmaceutical companies.

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