FCPA/Anti-Corruption
The US 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 US and foreign corporations publicly traded in the US as well as other entities operating in the US. Many foreign governments have also raised the profile of their anti-bribery enforcement efforts, including the U.K.’s recent adoption of the Anti-Bribery Act of 2010. In the US, 2011 was another significant year in the enforcement of the FCPA. The DOJ and the SEC continue to pursue an aggressive course for investigations and prosecution, both within the US and through working with foreign governments. Also, the enactment of the whistleblower provision in the Dodd-Frank Act in July 2010 for US securities law violations, which includes the FCPA, has also led to an increase in enforcement actions in 2011 and will contribute to an expected increase in activity in the years to come.
Sidley has extensive experience advising, and defending clients with respect to the FCPA and other international anti-corruption laws. With approximately 1700 lawyers and offices in North America, Europe, Asia and Australia, Sidley is one of the largest law firms in the world. We also are well-versed in laws which relate to dealing with government officials and have extensive experience dealing with government authorities in various countries.
Our diversified global practice encompasses the entire spectrum of corporate, governmental, financial, transactional and litigation matters. Our practice includes creating and implementing compliance programs for clients, counseling clients on compliance issues that arise from international sales and marketing activities, assisting clients with FCPA/anti-corruption due diligence on potential acquisitions and other transactions, conducting internal investigations and defending clients in the course of Securities and Exchange Commission and Department of Justice proceedings. Our lawyers who practice in this area include a former Associate Director of the Enforcement Division of the Securities and Exchange Commission who, for five years, had principal responsibility for FCPA investigations undertaken by the Commission and a former Deputy Chief of the Fraud Section in the Criminal Division of the Department of Justice, which is the Section responsible for FCPA enforcement.
Lawyers in Sidley’s international offices have collaborated extensively with our U.S. FCPA team in conducting due diligence and internal investigations of potential FCPA issues in foreign jurisdictions around the world. In addition to providing “boots on the ground” in both developed and emerging markets, Sidley’s international offices have extensive experience in anti-corruption, data privacy and related issues in their own jurisdictions. For example, Sidley’s London office provides guidance on the new U.K. anti-bribery law, as well as vast experience on EU data privacy issues critical to conducting any internal review in Europe. Similarly, partners in our China offices are highly experienced in counseling and in the defense of matters involving potential violations of PRC domestic anti-corruption laws. Extensive foreign language skills are also brought to bear by the lawyers that comprise our global FCPA team.
In recent years, the firm has been involved in numerous FCPA matters involving corporate activities in over 90 countries, thus giving our team unparalleled experience in assisting our clients around the globe. There are more than 90 lawyers in our firm actively involved in our FCPA practice. They work closely with our offices around the world, as well as with other groups in the firm, including our award-winning
Litigation,
SEC Enforcement,
Corporate and
International Trade groups, to provide the seamlessly integrated, multi-disciplinary experience that is the hallmark of our firm.
Industries
Our clients in this area include companies from the following sectors:
- Pharmaceutical;
- Healthcare;
- Defense;
- Aerospace;
- Energy;
- Transportation;
- Advertising;
- High-tech and telecommunications;
- Insurance;
- Commercial and consumer product manufacturers;
- Food products; and
- Leading investment banks and other financial institutions.
Capabilities
Sidley has represented its clients in all aspects of FCPA and anti-corruption matters including:
- Drafting and implementing FCPA compliance policies and developing in-house training for clients and their third-party representatives (distributors, consultants, etc.).
- Conducting due diligence on FCPA and anti-corruption issues for clients in connection with mergers, acquisitions and joint ventures involving international sales and business operations.
- Internal FCPA and anti-corruption compliance reviews and investigations and, at times, reviewing internal investigations performed by others.
- Defense of corporate and individual clients involved in DOJ and SEC investigations from inception to resolution.
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