Antibribery/Foreign Corrupt Practices Act (FCPA)

Our team has defended numerous individuals and investment funds in more than 20 different insider trading investigations, including a number of significant matters, in the United States and internationally.

We have experience in managing related violations that are often implicated and arise in anticorruption matters, including anti-money laundering regulations in the United Kingdom and the United States.

We’ve advised clients operating around the globe in antibribery matters, employing both preventative and defensive measures, including:

• Conducting internal investigations.
• Handling voluntary disclosures to relevant authorities, including the SEC and DOJ.
• Providing counsel in due diligence and successor liability issues in proposed transactions.
• Developing, implementing and reviewing corporate anticorruption compliance policies and procedures and providing related training.
• Representing clients in criminal and parallel civil litigation.

With offices in the U.S., Europe, Asia and the Middle East, we assist companies with antibribery issues wherever they do business. Our international reach enables us to work seamlessly in anticorruption and compliance matters, which increasingly involve multiple jurisdictions and regulators.

Services In-Depth

The constant evolution of national security and foreign policy priorities, along with changes in social, political and economic conditions and an increased focus on the integrity of international supply chains, can generate shifting government expectations and regulatory standards—including those related to antibribery statutes and enforcement. All can lead to increased risk for companies with international business interests.

We advise domestic, foreign and multinational corporations across a range of industries, including:

• Financial services
• Transportation and freight forwarding
• Health care and pharmaceuticals
• Manufacturing
• Technology
• Telecommunications
• Energy
• Sports and entertainment.

When companies engage in international commerce without experienced legal guidance, even routine business transactions may run afoul of the FCPA, the UKBA or other statutes. Violations can result in severe criminal and civil penalties, as well as associated reputational damage that can affect relationships with shareholders and customers.

We have the capability to advise in the full range of issues related to antibribery matters, including:

• Develop, customize, implement, audit and evaluate internal control programs and procedures to ensure compliance with relevant statutes.
• Advise clients on how the FCPA, UKBA and other antibribery laws apply to their business operations locally as well as in foreign markets.
• Monitor, analyze and report on significant legislative, regulatory and political events related to antibribery enforcement, including key judicial decisions.
• Conduct training sessions on antibribery compliance for clients as well as associated parties.
• Assist in international transactions including joint ventures, mergers and acquisitions and public offerings, conducting due diligence on internal controls and corporate compliance programs and prepare risk factor assessments and disclosures.

Enforcement

Many of our practitioners are former regulators and prosecutors, having served as lawyers at the SEC and DOJ. We understand how anticorruption laws are enforced, and how enforcement actions can impact business operations on a global basis.

We also defend clients in proceedings and litigation, including civil and criminal investigations and enforcement actions—whether initiated by the DOJ, SEC or the Serious Fraud Office in the U.K.—and congressional investigations and hearings. Our lawyers also advise on the numerous complex securities law and corporate governance issues, including those related to Dodd-Frank, that arise during DOJ or SEC investigations.

Public policy

Legislative initiatives and even public policy debate can impact anticorruption enforcement trends. We not only closely monitor and analyze developments, but also support clients in efforts to shape policy.

Our advocates are skilled in drafting:

• Options papers
• Public policy strategies
• Talking points
• White papers
• Proposed legislation.

We help clients implement grassroots initiatives to support strategic initiatives, lobby Congress and the executive branch and advise members of Congress and congressional working groups on legislative initiatives, including changes to U.S. sanctions laws. Our practitioners also help draft and present congressional testimony focusing on anticorruption enforcement.

Representative Matters

• Obtained a complete declination by both the DOJ and SEC in a long-running investigation into alleged FCPA violations by a China-based, wholly owned subsidiary of a global nutrition company.
• Defended a multibillion-dollar hedge fund and its founder in connection with a significant insider dealing investigation by the U.K.’s Financial Services Authority (FSA) that raised novel issues related to distinctions between U.S. and U.K. securities laws.
• Served as lead counsel to a multinational energy company in a seven-year FCPA investigation by the DOJ, SEC and criminal prosecutors in Argentina following allegations that bribes were paid to secure various business advantages. No charges were brought, and the matter was closed. The client avoided major fines, the revocation of the lease on its largest asset and individual criminal charges.
• Counseling a multinational accused of bribery to obtain a major contract with the government of Azerbaijan. The client was in the midst of an FCPA investigation in China when the conduct was discovered. Conducted a swift and thorough internal investigation and self-reported to the DOJ and SEC. The DOJ elected not to bring criminal charges and a settlement was reached with the SEC.
• Represented a global public company in a whistleblower case with allegations of bribery to obtain business and certain government approvals in Pakistan. Leveraged contacts at the DOJ and SEC to allow the company to conduct its own internal investigation. Conducted the investigation and made a voluntary disclosure to both agencies. The government accepted conclusions that no major wrongdoing occurred.