Anti-Corruption &FCPA

Anti-Corruption &
FCPA

Our team has unsurpassed experience in counseling and defending U.S. and foreign companies and individuals in matters relating to the U.S. Foreign Corrupt Practices Act and similar anti-corruption laws. We are frequently contacted when a potential corruption issue arises, and are go-to counsel for investigations and enforcement proceedings before the U.S. Department of Justice (DOJ), the Securities & Exchange Commission (SEC) and the Multilateral Development Banks, including the World Bank. In addition, we advise clients considering transactions in high-risk markets or with business partners with high anti-corruption risks. We also counsel clients who are designing compliance programs and in conducting risk assessments.

We help some of the world’s best-known companies resolve multi-regulator, global anti-corruption investigations either without any enforcement action, where possible, or by achieving resolutions significantly more favorable than the government’s initial assessment. We have also successfully represented numerous foreign and U.S. executives and board members in criminal and civil investigations arising under the FCPA and related laws.

Our team includes the architect and chief enforcement official responsible for the modern FCPA program at the DOJ. It also includes nationally recognized trial lawyers, numerous former federal prosecutors and SEC officials, and a former chief ethics and compliance officer of a Fortune 200 company, all with extensive experience in all aspects of the FCPA. With our unique balance of behind-the-scenes knowledge and depth of experience, we can anticipate and respond to complex anti-corruption challenges that others might miss. We have an active docket of matters before the DOJ and SEC, giving us regular contact with lawyers representing the U.S. government and other enforcement authorities in foreign bribery investigations.

Investigations and Enforcement Proceedings: We conduct internal investigations around the world and across virtually all industries, and routinely represent clients in enforcement proceedings and investigations before foreign regulatory and enforcement agencies, such as the U.K. Serious Fraud Office, in conjunction with our legal partners around the globe. We also advise boards of directors, audit committees, general counsels and senior management regarding the design, implementation and enhancement of compliance programs, disciplinary actions impacting company employees and remedial measures for companies worldwide.

Compliance and Due Diligence: We focus on reducing future risk by keeping companies and boards ahead of the enforcement curve, and have performed hundreds of transactional due diligence and risk assessments related to anti-corruption compliance. Clients also rely on us to design and assess compliance programs, policies and procedures and to conduct employee and board training. We advise clients on a daily basis on the adequacy of business partner and third-party due diligence, structuring joint venture compliance, and entering high-risk businesses and geographical locations.

“The firm has a very good practice in the FCPA space.”

Chambers USA

Recognition

Chambers Global: Top Ranked in FCPA

  • Partner Mark Mendelsohn ranked Band 1 in Chambers Global, 2024 for FCPA work
  • GIR 30: "Most Impressive Investigations Practice of the Year" in 2022, shortlist
  • Benchmark Litigation: 2024 White Collar Firm of the Year

Recent Engagements

Our experience in FCPA-related work includes representation of the following:

Investigations and Defense

Corporate Representations

Africa

  • The Audit Committee of a publicly-traded mining company in an internal investigation of alleged improper transactions involving political party officials and a Black Economic Empowerment transaction.

Asia-Pacific Region

  • JPMorgan Chase in the favorable resolution of an investigation conducted by various authorities, including the DOJ and SEC, into whether hiring practices in Asia complied with anti-corruption laws.
  • An international cruise line and its European subsidiary in connection with an internal investigation regarding business partners and hospitality issues in China.
  • A major financial institution in an internal investigation concerning gift and entertainment expense activities involving state-owned and private clients in Japan and South Korea.
  • A financial software company in sanctions proceedings brought by the World Bank Vice Presidency for Integrity (INT) alleging corruption in connection with a Mongolian government tender and employee hiring. Though INT sought to debar our client from participation on World Bank contracts for a period of three years, Paul, Weiss persuaded the World Bank Sanctions Board to issue a private letter of reprimand without debarment or any prejudice to the client's eligibility to participate in World Bank-financed projects. That decision is the first published decision to impose a private letter of reprimand after concluding that a respondent had engaged in a sanctionable act.

Europe

  • A multinational Fortune 500 company in an internal investigation concerning alleged improper third-party payments by one of its Eastern European subsidiaries.
  • A major financial institution in an SEC and DOJ investigation concerning alleged improper payments to senior executives of a client.

Latin America

  • A Fortune 100 retail company in an internal investigation concerning vendor and other third-party relationships involving operations in Mexico.

Middle East

  • A major multinational lightweight metal manufacturer in the defense and resolution of SEC and DOJ investigations involving alleged improper payments through a middleman/distributor to officials in Bahrain.

Individual Representations

  • Executives and managers of the Indian subsidiary of a multinational food and beverage conglomerate in connection with DOJ and SEC investigations concerning alleged improper payments in connection with licensing issues.

Compliance Counseling and Due Diligence 

  • Conducted third-party and transactional due diligence and provided anti-corruption compliance advice for a major U.S. film production studio.
  • Provide ongoing anti-corruption compliance advice and third-party and transactional due diligence for a major U.S. technology company.
  • Numerous companies, private equity funds, and financial institutions in the design and implementation of anti-corruption compliance programs and training of boards of directors, senior executives, managers and personnel.