| Foreign Corrupt Practices Act |
Clients facing issues arising under the Foreign Corrupt Practices Act (FCPA), and similar laws outside the United States, rely on our experience and deep expertise as one of the nation’s most respected practices in this area. The firm has been involved in FCPA issues dating back to the enactment of the statute and the Securities and Exchange Commission (SEC) investigations that triggered its passage. Our lawyers have written the leading treatise in the field, Complying with the Foreign Corrupt Practices Act (Matthew Bender, 6th ed. June 2008), and are regular speakers at leading FCPA conferences in the United States and abroad.
Our team of more than 20 experienced FCPA lawyers works cohesively. We counsel approximately 50 US and non-US companies—across a wide variety of industries, including financial services, manufacturing, pharmaceutical and medical device, technology, natural resources, and others—on how to develop effective anticorruption compliance programs, how to avoid such problems, and how to deal with potential problems when they arise. Our lawyers frequently represent companies and individuals in Department of Justice (DOJ) and SEC investigations into FCPA matters, perform internal corporate investigations, and conduct anticorruption risk reviews. The firm also conducts anticorruption training programs at Fortune 500 and other companies. Over the past several years, we have focused extensively on challenges facing non-US companies and on problems that arise in the context of mergers and acquisitions, joint ventures, and other corporate transactions. We also have considerable experience advising on German and other European anticorruption laws, as well as on FCPA issues that arise in Asia.
These are some examples of significant FCPA matters we have handled or are handling:
- We currently represent several companies in connection with pending internal and government investigations. Over the past few years, we have had at least six enforcement matters pending before the DOJ and SEC at almost any given time. Some of these matters involve voluntary disclosures to the DOJ and SEC, while others do not.
- We represented oil driller Helmerich & Payne in its July 2009 settlement with the DOJ and the SEC of FCPA matters involving payments to customs officials in Argentina and Venezuela.
- We represented York International Corporation in its October 2007 deferred prosecution agreement with the DOJ and settlement with the SEC relating to the company’s involvement in the United Nations Oil-for-Food program and other issues in the Middle East and elsewhere.
- We represented the Titan Corporation in its March 2005 plea agreement with the DOJ and settlement with the SEC, which resolved an FCPA investigation related to the company’s activities in Benin, Africa.
- We represented InVision Technologies Inc. in its FCPA investigation into allegations that arose in the context of a proposed merger with General Electric. DOJ agreed not to prosecute InVision, and the merger was successfully consummated.
- The firm currently represents several individuals in ongoing FCPA inquiries by DOJ and SEC. We have also represented numerous individuals in now-closed inquiries.
- We have very recently advised—and continue to advise—companies in connection with mergers and acquisitions, including the conduct and evaluation of pre-merger due diligence and the implementation of post-merger compliance programs for acquired entities.
- The firm has experience in obtaining clearances for transactions under the DOJ’s FCPA opinion release procedure.