FCPA/Anti-Corruption INTERNATIONAL PRACTICES

Our lawyers have been involved in some of the most notable public cases, as well as numerous non-public cases and key developments related to FCPA and anti-corruption issues.


WilmerHale's award-winning team has been involved in FCPA and related anti-corruption issues since the enactment of the FCPA statute in the United States and the government investigations that triggered its passage. Outside of the United States, our practice includes experienced anti-corruption lawyers in the United Kingdom (UK Anti-Bribery Act) and Germany, and we have extensive experience dealing with anti-corruption and related issues in a broad range of other jurisdictions. Our team offers extensive knowledge in all aspects of the field—government and internal investigations, risk assessments, M&A and strategic transactions, and ad hoc counseling. Our approach to client service repeatedly earns recognition, and our lawyers authored the leading treatise in the field, Complying with the Foreign Corrupt Practices Act, now in its ninth edition. Our work spans a range of industries, including financial and professional services; energy, oil and gas; pharmaceutical, medical devices and healthcare; media; technology; defense and aerospace; and manufacturing.

Experience

Our experience includes:

  • representing a software company in the Mexico portion of an FCPA case that was settled with the DOJ and SEC;
  • representing an energy company in publicly disclosed FCPA investigations involving the DOJ and SEC;
  • representing a US aircraft maintenance provider and its foreign parent in their settlements with the DOJ of FCPA issues relating to payments to government officials in Mexico and elsewhere;
  • representing an equipment manufacturer, now a subsidiary of a multinational defense, security and aerospace company, in its FCPA settlement with the DOJ and SEC relating to the actions of a former employee of the company who later became the informant in the DOJ's 22-defendant FCPA sting case;
  • representing several financial institutions in connection with the SEC's “sweep” relating to interactions by financial institutions with sovereign wealth funds, and a number of oil companies in connection with the SEC's “sweep” relating to business dealings in Libya;
  • representing the former chief executive officer of a public company in an investigation by the DOJ and SEC of violations of the FCPA and US sanctions laws;
  • representing an oil drilling company in its settlement with the DOJ and SEC of FCPA matters involving payments to customs officials in Argentina and Venezuela;
  • participating in dozens of internal investigations and investigations conducted by the DOJ, SEC and other authorities, obtaining several declinations of prosecution from the enforcement authorities for clients;
  • advising companies in connection with mergers and acquisitions and other strategic transactions, including the conduct and evaluation of pre-transaction due diligence and the implementation of post-transaction compliance programs for acquired and affiliated entities;
  • assisting clients in successfully obtaining DOJ clearance under the FCPA's advisory opinion program; and
  • assisting dozens of companies in conducting anti-corruption risk assessments and other compliance reviews and audits, and helping to design and implement dozens of compliance programs.