Foreign Corrupt Practices Act

Doing business in international markets offers lucrative opportunities for your business. But it also presents potentially devastating consequences if you aren’t properly prepared. The Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) vigorously pursue Foreign Corrupt Practices Act (FCPA) enforcement actions against large and mid-market companies who then potentially face massive fines, possible criminal penalties, reputational damage and business disruption. Our seasoned FCPA team, which includes a former federal prosecutor, provides you with practical and comprehensive services that include:

  • Counseling and due diligence
  • Counseling and due diligence on dealings that could raise FCPA issues
  • Evaluating FCPA risk related to corporate transactions that have international components
    • Due diligence reviews
    • Risk assessments
    • Drafting contractual provisions
  • Monitoring key court and legislative action to keep you informed

Compliance programs and training

  • Designing and implementing effective internal FCPA compliance programs, including procedures governing the hiring of third party business partners
  • Outlining restrictions on gifts, travel, entertainment and nonprofit contributions benefiting foreign officials
  • Training for boards, senior management, employees and third-party business partners on spotting the red flags of corruption
  • Following up on actions to ensure FCPA compliance 

Internal investigations and disclosures

  • Representation in internal investigation involving suspected FCPA violations
    • Determining if any wrongdoing occurred – and take remedial steps to prevent future violations
    • In the event of wrongdoing, we can assist you in evaluating whether to make a voluntary disclosure to increase likelihood of a favorable settlement
    • Can also assist in negotiating resolution with government authorities, in the event of a disclosure
  • Representation in enforcement proceedings
    • Defense in FCPA investigations, enforcement proceedings and parallel civil litigation, including shareholder derivative suits, securities class actions and third party claims