Blank Rome attorneys regularly advise multinational companies and individuals on the Foreign Corrupt Practices Act (“FCPA”), UK Bribery Act (“UKBA”), and other related anti-corruption laws. We have extensive knowledge and experience in all aspects of FCPA enforcement and compliance and have conducted FCPA internal investigations in most parts of the world. Our team’s knowledge of the legal landscape, and of the public officials responsible for shaping it, enables us to provide reliable insight and advice on all aspects of a company’s anti-corruption efforts.
A well designed anti-bribery compliance program can provide tangible benefits for a company, including avoiding enforcement actions, reducing fines or penalties sought by regulators (including the imposition of an outside monitor), and establishing credibility within an industry. Our team has broad experience in designing and implementing comprehensive compliance programs to prevent and detect potential anti-corruption risks. We develop compliance policies and training programs that contemplate the market conditions and laws in the specific countries where our clients conduct business. In addition, we draft and review contracts with agents, distributors, and other third parties to ensure they include appropriate provisions requiring adherence to applicable anti-corruption standards and provide clients the ability to monitor compliance. We also have experience counseling companies in proactively addressing the termination of third-parties for violations of these anti-corruption clauses, and anti-corruption laws generally.
Companies contemplating an acquisition or merger must not overlook the risks of potential FCPA violations on transaction valuations and deal execution—especially if a company has operations in high-risk markets. Appropriate due diligence not only protects a company’s reputation, but also mitigates potential hefty fines and possible criminal prosecutions for violations of anti-corruption regulations. Our attorneys have extensive experience conducting thorough due diligence investigations that cover all third party participants, activity prior to contract awards, suspicious conduct by an employee, documentation of expenses, and other red flags. We engage with our clients both prior to and following the merger or acquisition, providing strategic advice in how to reduce the risk from any undiscovered corruption, developing a plan for voluntary disclosures, and assigning liabilities post-transaction.
Blank Rome attorneys have wide-ranging experience counseling clients about potential compliance risks both on a discrete or ongoing basis. Our clients call on us regularly to review the details of proposed transactions and contracts or to discuss contemplated relationships to determine whether they pose an undue FCPA or corruption risk. We provide real-time advice, allowing clients to maintain their competitive edge while ensuring they are adequately protected.
When You Have A Problem
When allegations of wrongdoing surface, a well designed, expertly executed internal investigation becomes the highest priority. Our team has conducted numerous international investigations efficiently obtaining relevant facts while managing the myriad issues to which investigations like this can give rise—including attorney-client privilege, data privacy restrictions and other local legal considerations. We work closely with our clients in determining whether it is in their best interests to disclose the results of an investigation to regulators and if so, our credibility frequently results in the acceptance of our findings without the need for additional investigative measures by law enforcement agencies.
Representation Before the DOJ and SEC
When clients face potential prosecution or regulatory action, we assess their exposure and develop strategies for resolving the matter. Our attorneys bring decades of experience representing both companies and individuals to prevent or reduce charges and to negotiate a quick and favorable disposition. Our team, which includes former high-level supervisors from United States Attorney’s Offices, the Department of Justice, and the Securities and Exchange Commission, fully understands the inner workings of prosecutorial and regulatory agencies throughout the world. In addition to providing significant credibility before regulators, this experience enables us to advocate effectively on our clients’ behalf. This includes coordinating the representation of companies under investigation by law enforcement in multiple international jurisdictions.