Foreign Corrupt Practices Act Compliance, Counseling and Representation
Companies operating in the global economy face significant challenges in identifying and avoiding risks of doing business in countries with different regulatory structures and requirements pertaining operations, sales and marketing. The U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) are placing increased importance on compliance with the Foreign Corrupt Practices Act (FCPA) by U.S. and foreign corporations publicly traded in the U.S. as well as other entities operating in the U.S.
Many foreign governments have also raised the profile of their anti-bribery enforcement efforts, including the U.K.’s adoption of the Anti-Bribery Act of 2010. The DOJ and the SEC continue to pursue an aggressive course for investigations and prosecutions, both within the U.S. and through working with foreign governments. A whistleblower provision in the Dodd-Frank Act of July 2010 for U.S. securities law violations, which include FCPA infractions, has also led to increased enforcement actions.
EVW attorneys have experience advising clients in DOJ investigations and civil proceedings. Investigations of possible corruption sometimes involve domestic and foreign parallel investigations. Some investigations have political motivations serving to complicate legal issues. EVW attorneys have the knowledge and experience to help resolve such matters before they reach a crisis stage. Early intervention and attention can result in negotiated solutions protecting clients from substantial risks.
Our attorneys focus on prevention, working with clients to help maintain effective corporate governance. The stakes associated with responding to regulatory and prosecutorial inquiries have never been higher. Failure to have in place appropriate anti-corruption compliance programs or failure to properly respond to an inquiry may result in enhanced enforcement activities and can severely harm a company’s future operations and reputation.