Foreign Corrupt Practices Act

For companies and individuals involved in international business, understanding and complying with the U.S. Foreign Corrupt Practices Act (FCPA) has never been more important. FCPA enforcement has increased dramatically: since December 2008, U.S. and foreign companies have agreed to pay billions of dollars to the U.S. government to resolve FCPA charges. Additionally, many individuals have been sentenced to lengthy prison terms for FCPA violations. The FCPA includes record-keeping requirements and limits business development activities that can be lawfully engaged in when dealing with non-U.S. government and political party officials, including employees of state-owned enterprises. FCPA liability can arise during mergers and acquisitions. FCPA liability can also result from the actions of foreign affiliates and third party agents.

Our attorneys have considerable expertise in helping companies comply with the FCPA, including conducting risk assessments and developing cost-effective FCPA compliance programs. In the event of an FCPA-related allegation, our attorneys have extensive experience conducting internal investigations and working with U.S. and foreign authorities.

Our attorneys have assisted FCPA clients regarding business activities in China, India, Mexico, Nigeria, Germany, Brazil, and Australia, among other countries. Through our firm’s membership in Lex Mundi, the world’s leading association of independent law firms, our attorneys have ready access to local counsel in more than 100 countries.

Due to the sensitive nature of FCPA engagements, a list of representative clients is not available.  However, the types of clients our attorneys have represented in FCPA matters include public, private and non-profit entities in a variety of sectors including healthcare, manufacturing and retailing.

Representative FCPA Work

• Internal investigations regarding potential FCPA violations
• Conducting pre-deal FCPA/foreign anti-corruption risk assessments
• Developing and implementing comprehensive FCPA/foreign anti-corruption compliance programs (including country-specific guidance)
• Developing and conducting FCPA/foreign anti-corruption training
• FCPA due diligence (e.g., third-party agents, prospective partners, etc.)
• Client counseling regarding FCPA issues and compliance (e.g., travel, gifts, entertainment, books & records, lobbying, reporting, etc.)

Publications

• "New Law Provides FCPA Whistleblower Bounties; Latest Developments and Compliance Tips," July 21, 2010.
• "Beware of the New UK Bribery Act," International Trade Law360 (June 2010).
• "Landmark U.K. Bribery Act to Have Far-Reaching Effects," April 19, 2010.
• "Foreign Anti-Corruption Enforcement Continues to Escalate," April 6, 2010.
• "DOJ Undercover FCPA Sting Is Largest in History; SEC Charges Parent Company with Violations Stemming from Subsidiary's Actions," January 26, 2010.
• "The U.S. Foreign Corrupt Practices Act," InsideCounsel Special Resource Section (November 2009).
• "SEC Launches Specialized FCPA Enforcement Unit; FCPA “Crackdown” Against Individuals and Public & Private Companies Continues," August 20, 2009.
• "FCPA Compliance Now Essential for All Companies That Do Business Internationally," The Corporate Counselor (June 2009).
• "Is That a Crime? Understanding Risks and Obligations in the Foreign Corrupt Practices Act," Cover story, Tennessee Bar Journal (April 2009).
• "Protect Your Med-Tech Firm with an Anti-Corruption Compliance Program," Medical Device Daily Perspectives (March 4, 2009).
• "Halliburton and KBR Bring FCPA Settlement Total to Over $1.3 Billion in the Last 60 Days Alone," February 12, 2009.
• "Why FCPA Compliance Is Critical to Medical Device Manufacturers that Do Business Internationally," MX (February 2009).
• "Siemens To Settle Foreign Corrupt Practices Act Charges for $800 Million: Largest FCPA Settlement Action in History; Highlights DOJ and SEC Determination to Aggressively Enforce FCPA," December 15, 2008.

Presentations

• "Foreign Anti-Corruption Enforcement: How Recent OECD Developments Affect Your Risk & Compliance Obligations," Association of Corporate Counsel Webcast, June 1, 2010.
• "The FCPA Effect: What Escalating Enforcement of the U.S. Foreign Corrupt Practices Act Means for Companies & Individuals Involved in International Business," The Corporate Governance Center at the University of Tennessee, Knoxville, TN, April 16, 2010.
• "The U.S. Foreign Corrupt Practices Act (FCPA) and more: What In-House Counsel Need to Know," Legal Talk Network In-House Legal podcast, March 2010.
• "Federal Laws that Keep In-House Counsel Awake at Night," Current Issues in Pharmaceutical and Medical Device Litigation Conference, ABA Section of Litigation, Kenilworth, New Jersey, November 12, 2009.
• "Overview of the U.S. Foreign Corrupt Practices Act," Lex Mundi Business Crimes & Compliance Committee Meeting, Paris, France, October 15-16, 2009.
• "FCPA And Best Practices in Preventing Fraud and Corruption in a Global Business," Association of Corporate Counsel webcast, September 24, 2009.
• "The Foreign Corrupt Practices Act: What Counsel for Every Business that Operates Internationally Needs to Know," Plenary Session Presentation, Lex Mundi North American Regional Conference, May 28, 2009.
• "FCPA Overview," General Counsels' Forum, Nashville, TN, May 5, 2009.

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