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. While those perceptions may change with new administrations, the current leadership of the DOJ and the SEC continue to use the FCPA and the Dodd-Frank Act's whistleblower bounty provisions to combat corruption. Companies of all sizes that conduct business internationally—including non-U.S. companies with contacts to U.S. markets—face meaningful risk of costly investigations or enforcement actions.
To minimize the FCPA risks inherent in international operations, the multidisciplinary attorneys in Duane Morris’ FCPA Practice provide the full spectrum of preventative counseling and enforcement defense needed in today's global economy.
Often drawing on firsthand experience from prosecuting high-profile FCPA cases while with the DOJ and SEC, our attorneys guide clients through the entire investigation process, while counseling clients on up-to-date best practices to mitigate the risks that come with doing business internationally. Recently, our clients have included government contractors, foreign manufacturers and Fortune 500 companies and their executives.
Our work includes conducting internal investigations of possible FCPA violations on behalf of international companies, sometimes 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, strong compliance programs and sometimes self-reporting, 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. Additionally, we routinely conduct FCPA-related due diligence for M&A transactions involving multiple foreign countries as well as assist with FCPA issues that can arise after a merger.
With an international presence that spans the U.S., the 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 UK Bribery Act, the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA).
For More Information
For more information, please contact the Co-Chairs of our White-Collar Criminal Defense, Corporate Investigations and Regulatory Compliance Division, William M. McSwain and Mary P. Hansen, or any of the practice members referenced in the Attorney Listing.