Foreign Corrupt Practices Act (FCPA)

Our attorneys have deep experience in advising clients on anti-corruption and Foreign Corrupt Practices Act (FCPA) compliance and enforcement matters, including internal and government investigations, across Africa, Asia, Europe, and the Americas. We serve as anti-corruption and FCPA counsel for Fortune 500 companies as well as various public, private, and nonprofit entities. Our clients span diverse industries such as automotive, charitable, healthcare, hospitality, manufacturing, medical devices, oilfield services, professional services, retail, technology, telecommunications, and transportation.

We focus on providing prompt, well-reasoned, and commercially practical advice to clients operating across complicated regulatory regimes and borders. We handle matters both on an hourly fee basis and under alternative arrangements, such as using project-based fees. Based on our experience in handling anti-corruption matters, we often work with clients to establish project-based fees that increase predictability and value.

Areas of Focus

• Investigations and Enforcement Actions: We represent clients in internal and government investigations and enforcement proceedings before regulators and prosecutors globally.
• Risk Assessments: We work closely with clients to perform comprehensive risk assessments and identify and mitigate corruption risks.
• Compliance Programs: We develop and test robust compliance programs, policies, procedures, and internal controls tailored to each client’s specific needs.
• Third-Party Due Diligence: We support clients in conducting due diligence on third parties, ensuring compliance in contracting, distributing, joint ventures, mergers and acquisitions, sales, and sourcing.
• Anti-Corruption Contract Language: We draft and review agent, distribution, sales, and other agreements to meet U.S. government expectations and help clients protect against corruption risks.
• Training: We provide tailored training programs and sessions for clients and their business partners to promote awareness of compliance and ethical standards.
• Regulatory Monitoring: We offer ongoing monitoring of regulatory developments to keep clients ahead of the enforcement curve and to ensure they understand the evolving compliance best practices.

What Sets Us Apart

• Proactive Engagement with Enforcement Agencies: Our team regularly interacts with key enforcement agencies, providing timely guidance and advocacy.
• Global Reach with Local Insight: Through our firm’s membership in Lex Mundi, one of the world’s leading associations of independent law firms, we offer seamless service in more than 125 countries.
• Integrated Multi-Disciplinary Approach: We work closely with colleagues from our leading compliance and government investigations, securities litigation, corporate, life sciences, and financial services practices to provide comprehensive solutions.
• Innovative Technology Solutions: We utilize state-of-the-art technology and data analytics to optimize our compliance strategies, facilitate efficient investigations, and deliver actionable insights, helping our clients proactively address emerging risks and regulatory developments.

Our team combines deep legal knowledge with practical, risk-based approaches to help clients navigate the complexities of global anti-corruption laws. Whether it’s advising on the development of internal compliance programs, conducting due diligence for multinational transactions, or representing clients in high-stakes enforcement actions, we are committed to delivering exceptional service and results.

Experience

• Internal Investigation of FCPA Violations in Africa

  Represented a publicly-traded oilfield services company in an investigation of alleged anti-corruption violations in Africa

• Investigation of FCPA Violations in Southeast Asia

  Conducted a multi-country FCPA and local law investigation in Southeast Asia for a U.S. company 

• FCPA Compliance Program for Global Hospitality Provider

  We advised a publicly-traded European hospitality provider on developing and implementing its anti-bribery compliance program. This involved preparing procedures and other policy materials, helping to deliver training, and then supporting on day-to-day compliance issues that arise for the company.

• FCPA DOJ and SEC Investigation of Automotive Company

  Represented a Fortune 500 U.S. automotive company in an FCPA investigation by U.S. Justice Department (DOJ) and Securities and Exchange Commission (SEC)

• FCPA Risk Assessment for Defense Contractor
  We counseled a high-profile defense contractor on an assessment of its bribery and corruption risk, then developed and implemented a...
• FCPA Compliance Training for Fortune 500 U.S. Public Company
  Our firm was retained by a Fortune 500 U.S. public company to prepare the global FCPA compliance program, provide training...
• Investigation of FCPA Violations by Former Walmart Executive
  We represented a former senior executive of Walmart Stores, Inc. in a Foreign Corrupt Practices Act (FCPA) investigation by the...
• Development of Sanctions and Export Compliance Policy
  We developed a comprehensive sanctions and export compliance policy and procedures for a multinational manufacturing firm.
• Internal Investigation of Anti-Money Laundering Violations
  We advised a multinational company in review of potential anti-money laundering violations.
• Assisted on Anti-Bribery Due Diligence
  We assisted a U.S. financial services firm to understand and meet its anti-bribery due diligence obligations.
• Anti-Corruption Due Diligence Review
  We advised a publicly traded U.S company on anti-corruption due diligence related to the potential acquisition of U.S. company with...
• Investigation of FCPA violations by U.S. Industrial Supply Company
  Bass, Berry & Sims attorneys represented a publicly-traded multinational company in an internal investigation into potential FCPA and local law...
• Internal Investigation of FCPA Violations in Nigeria
  We represented a Fortune 500 company in the oil and gas industry in an internal investigation of alleged FCPA and...
• Global Anti-Corruption Compliance Review
  We represented a publicly-traded manufacturing company in its review, evaluation and design of its anti-corruption compliance program in North America,...

Professionals