Effective anticorruption compliance is critical to any company operating internationally. We regularly conduct internal investigations of reported concerns under the Foreign Corrupt Practices Act (FCPA) and other anti-bribery laws to determine the veracity of allegations and to advise companies on responding effectively, including taking steps to reduce opportunities for future misconduct. We also defend companies and individuals in government enforcement and regulatory investigations by authorities in the United States, China and other countries.
We leverage our investigations and defense experience to assist clients in developing effective compliance programs and with appropriate compliance policies, procedures and training designed to enhance rather than disrupt business operations. We conduct global compliance risk assessments to help our clients make informed decisions on how to allocate compliance resources. We assist clients in conducting anticorruption due diligence and drafting strong contracts in cross-border deals and engagements of third-party representatives in order to mitigate the significant anticorruption risks those relationships present.
Our team includes former senior lawyers from the US Department of Justice (DOJ), US attorneys’ offices and the US Securities and Exchange Commission (SEC), and individuals with deep in-house compliance, computer forensics and accounting experience, who collaborate to provide clients with the multidisciplinary experience and counsel that anticorruption matters often require.
Our practice also includes seasoned compliance lawyers at MWE China Law Offices, our strategic affiliate, who are authorized to conduct investigative activities in China and represent clients before China authorities.
Our team of lawyers experienced in investigations and defense has successfully represented clients including the following:
A Fortune 100 telecommunications company in defense and settlement, creating FCPA precedent, of an SEC and DOJ investigation arising from the Middle East. This matter involved all aspects of the FCPA, including alleged payments to foreign officials, adequacy of books and records, and the presence of internal controls.
The chairman of the board of a major international pharmaceutical company in securing dismissal against allegations of FCPA violations in making payments to doctors employed by state-owned hospitals in Taiwan, Latin America and Europe. The dismissal of claims included related securities class action, an Employee Retirement Income Security Act (ERISA) class action, and a shareholder derivative suit arising from the allegations, and avoided criminal prosecution.
A US health care corporation, with operations in India, with conducting an FCPA internal investigation and implementing corrective action.
A Fortune 500 health services company with its launch of operations in China and elsewhere in Asia, including pre-acquisition due diligence on acquisitions and joint venture partners, anticorruption compliance provisions in contracts, and compliance integration of new businesses.
A Fortune 200 oil equipment and services company in many aspects of its international compliance efforts, including in-person reviews of third-party sales agents in China and neighboring Asian countries, advice on compliance with Chinese anti-bribery laws, business recordkeeping requirements and trade regulations, and onsite anticorruption diligence in Brazil.
A Fortune 500 retail company in revising its code of conduct and developing effective FCPA and UK Bribery Act policies and procedures as it expanded internationally, including developing an efficient program to screen local vendors for anticorruption and other compliance purposes.
The South American Football Confederation (CONMEBOL) in responding to criminal and civil matters arising from the FIFA bribery scandal. We are renegotiating tactical contracts, implementing a compliance program, working with prosecutors and reforming its financial operations.
A US manufacturer of health care products with multiple internal investigations into allegations of bribery, embezzlement, customs violations, licensing issues and government tenders in India, Korea and elsewhere, and implemented remedial measures.
A special committee of the board of directors of a publicly traded company with the company’s responses to SEC inquiries and in conducting an internal investigation regarding potential FCPA violations.
A medical device manufacturer in an SEC investigation of FCPA issues.