Our lawyers assist clients around the globe with the particular challenges of navigating the current climate of intensified regulation and enforcement. We are experienced in handling the most complicated matters involving the Foreign Corrupt Practices Act (FCPA) and other international anti-corruption laws. With more than 90 lawyers in 14 offices worldwide, we draw on the firm’s global capabilities and highly skilled practitioners to defend clients involved in Department of Justice (DOJ) and Securities and Exchange Commission (SEC) investigations. We create and implement compliance programs, and conduct internal investigations, assessments and due diligence on potential merger and acquisition targets, joint venture partners and third parties. We also counsel clients on compliance issues that arise from international licensing, sales and marketing and are well-versed in laws that relate to dealing with government officials and authorities around the world.
We bring value to our clients in the following ways:
- Regulatory agency insight. Over the course of their careers, our lawyers have built relationships of mutual respect with the DOJ and SEC, the agencies with principal authority to enforce the FCPA. Our team features prominent practitioners and former officials from the DOJ and SEC, who bring an insider’s perspective to a wide range of FCPA and anti-corruption matters.
- Cross-border coordination. Our team has handled FCPA matters involving corporate activities in more than 100 countries. We work with colleagues in Sidley’s offices internationally, as well as with lawyers in other legal disciplines—including our internationally recognized Litigation, SEC Enforcement, Corporate and International Trade practices—to provide the seamless service that is the hallmark of our firm.
- Full-service capabilities in Europe and Asia Pacific. In addition to providing on-the-ground capabilities in both developed and emerging markets, our international offices have significant experience in anti-corruption, data privacy and related issues in their own jurisdictions. Our London office provides guidance on the U.K. anti-bribery law, as well as on EU data privacy issues critical to conducting any internal review in Europe. In Asia Pacific, our deep knowledge of local anti-corruption laws and the risks involved affords our clients access to sophisticated counseling and investigations capabilities. Our lawyers in Hong Kong and China have handled investigations in China, Japan, South Korea, Taiwan and the Philippines. And, from our Singapore office, our lawyers have handled investigations arising in Indonesia, India, Cambodia, Thailand, Malaysia, Vietnam, India and other countries throughout Southeast Asia. Notably, in Singapore, Sidley is one of very few international law firms permitted to practice local law.
- Diverse industry experience. We assist our clients with FCPA matters from a wide variety of sectors, including pharmaceuticals; healthcare; defense; aerospace; energy; transportation; advertising; technology and telecommunications; insurance; commercial and consumer product manufacturing; food products; and leading investment banks and other financial institutions.
Our work; representative matters
Our diversified global practice encompasses the entire spectrum of corporate, governmental, financial, transactional and litigation matters. Recent matters include representing:
- A Fortune 50 conglomerate in multi-year investigations by the DOJ and SEC involving potential violations of the FCPA in India and China and obtained unconditional declinations of prosecution for our client from both the DOJ and SEC.
- The board of directors of an energy services company in connection with ongoing DOJ and SEC investigations of potential FCPA violations in Russia and Mexico. We are conducting an independent investigation of the company on behalf of the board.
- A U.S. public company in inquiries from the SEC, the U.S. Attorney’s Office (SDNY) and the Hong Kong Securities and Futures Commission (SFC) involving potential corruption and accounting fraud concerns perpetrated by the former management of a newly acquired Chinese company.
- A global supplier of security inspection equipment in an SEC investigation of potential FCPA violations. We conducted an internal investigation relating to a multi-million dollar transaction with a foreign government. Our lawyers also assisted in evaluating the company’s existing FCPA compliance program.
Recognition for our work
Our advocacy on behalf of our clients has earned us acknowledgement in numerous industry publications, which highlight our work with Sidley’s White Collar and Securities & Derivatives Enforcement and Regulatory practices. According to Chambers USA 2014, our white collar lawyers were commended for their “particular expertise in representing defendants in multi-jurisdictional FCPA investigations.” The publication also noted that our Securities & Derivatives Enforcement and Regulatory practice has a “particularly strong showing in securities regulation enforcement matters … with an impressive group of attorneys routinely engaged to represent clients in defense of proceedings by the SEC, FINRA and other agencies.” And in 2015 in recognition of our work, Sidley’s FCPA group was recently ranked by Chambers. Clients described our practice to Chambers as “... extremely good. If I have a serious investigation, they are the ones I instinctively call first.”
About our team
Sidley’s FCPA/Anti-corruption practice features many prominent practitioners and former officials from the SEC and DOJ. Our lawyers include a former Deputy Chief of the DOJ’s Fraud Section, two former U.S. Attorneys, over a dozen former Assistant U.S. Attorneys, a former associate director of the SEC’s Division of Enforcement, and a former co-head of enforcement and associate regional director of the SEC’s Northeast Regional Office.