FCPA and Anti-Corruption Laws
The Foreign Corrupt Practices Act (FCPA) gives the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) far-reaching jurisdiction to combat foreign bribery and corruption or what they perceive to be foreign bribery and corruption. As the DOJ and the SEC continue to use the FCPA and the Dodd-Frank Act's whistleblower bounty provisions to combat corruption, nearly every company that conducts business internationally—including non-U.S. companies with contacts to U.S. markets—faces increased risk of costly investigations or enforcement actions. To minimize the FCPA risks inherent in international operations, the multidisciplinary Duane Morris FCPA Practice provides the full spectrum of preventative counseling and enforcement defense needed in today's highly scrutinized global economy.
From compliance, government investigations and business strategy counseling to representation in mergers and acquisitions and capital markets transactions, the Duane Morris FCPA Practice works closely with clients across diverse industries to prevent, identify and deter violations of anti-corruption laws. Our attorneys draw on experience gained from assisting countless companies manage FCPA issues as well as from previous service with the U.S. DOJ and SEC in high profile cases. We routinely conduct FCPA-related due diligence for M&A transactions involving multiple foreign countries as well as assist with the FCPA issues that can arise after a merger. Our work also includes conducting internal investigations of possible FCPA violations on behalf of international companies and in cooperation with enforcement agencies. These internal investigations seek to identify, address and prevent prohibited actions to reduce the risks of costly government investigations. Through vigorous review, self-reporting and strong compliance programs, our goal is to avert government enforcement agencies from taking action or minimize any fines. In cases where the government is already pursuing FCPA actions, we work closely with our clients to mount strategic defenses with the goal of quickly concluding government investigations with as minimal disruption as possible.
With an international presence that spans U.S., UK, Singapore and Vietnam, and experience around the globe, Duane Morris offers both cultural fluency and practical legal insights for companies conducting cross-border operations in the European Union, Latin America and throughout Asia. Beyond the FCPA, we also have extensive experience in helping clients comply with international anti-corruption laws and trade rules, including the new UK Bribery Act, the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA).