FOREIGN CORRUPT PRACTICES ACT (FCPA) AND GLOBAL ANTI-CORRUPTION

In this climate of increased regulation and intensified enforcement, clients turn to Arnold & Porter LLP for our insights and extensive experience in global anti-corruption, the Foreign Corrupt Practices Act (FCPA), and the UK Bribery Act. Our team provides all aspects of anti-corruption related services, including conducting internal investigations; defending against enforcement investigations by the Securities and Exchange Commission (SEC), US Department of Justice (DOJ), UK Serious Fraud Office (SFO), and other government authorities; and devising customized compliance programs to help reduce exposure.

We represent global leaders in diverse industries that span electronics, pharmaceuticals, cosmetics, financial services, defense and aerospace, hospitality, retail, airlines, high technology, medical equipment, energy, chemicals, and insurance. Our clients' operations have taken us to more than 85 countries, and we have established relationships with local counsel should issues arise under host country law. Recent client demands have engaged more than 80 of our lawyers for FCPA or anti-corruption matters.

With a veteran team of former prosecutors and lawyers from the SEC, DOJ, Department of Homeland Security, and US Attorneys' Offices, as well as the former Head of the Fraud Business Group and Policy for the UK's SFO, we aggressively defend companies and individuals by anticipating and strategically responding to government tactics. Our cross-disciplinary team also includes a former Legal Advisor to the State Department and US Executive Director of the World Bank, who bring to the table diplomatic credentials and strong international ties that add a fundamental dimension when responding to global investigations. We understand the burdensome nature of investigations and work with clients to proactively minimize business disruption, while building credibility with prosecutors to resolve allegations as expeditiously as possible.

Equally important, Arnold & Porter works with clients to minimize exposure by tailoring compliance programs to the specific cultural, structural, and systemic activities of the organization. Our experience covers risk reviews, development of company policies to mitigate risks, and training for legal departments and business employees. We work with both domestic and foreign companies, including designing programs and training for non-US locations.

Some of our significant recent matters include:

• Representing the Management & Standards Committee of News Corporation to assist in relation to the News of the World police payments investigation, phone hacking case, and other relevant connected issues at News International.
• Representing multinational companies and individuals before the DOJ and SEC relating to allegations of FCPA violations stemming from interactions with third parties, sales representatives, and company employees in Asia, Latin America, Europe, Africa, and the Middle East.
• Defending an international consumer products company in a large-scale investigation in connection with several US and foreign government inquiries, including multiple jurisdictions in Asia where parallel investigations are taking place. Our representation includes leading and coordinating an internal investigation, actively conducting risk and compliance assessments, and implementing hands-on compliance training for each overseas location.
• Representing an S&P 400 company in a multijurisdictional government investigation by the SEC and DOJ regarding alleged kickbacks by a third party. We also are conducting an internal investigation.
• Representing a Financial Times Global 500 company in an ongoing SEC investigation into alleged corrupt payments made in connection with the reward of business contracts.
• Providing proactive risk assessments and ongoing compliance counseling for a Fortune 100 company in multiple Asian countries and other jurisdictions worldwide. As part of our representation, we conduct due diligence reviews for all overseas operations, provide general business structure and operational reviews, outline risk factors, counsel on formal policies, and implement training for both employees and third parties. Further, we conduct and coordinate internal investigations and audits where necessary.
• Conducting worldwide risk assessments, due diligence reviews, and compliance training for a large pharmaceutical company with overseas manufacturing operations, research and development programs, licensing contracts, and sales and marketing distribution agreements.
• Conducting internal investigation of improper payments in several Asian, European, and Middle Eastern countries for an electronics company and representing company in voluntary disclosures to DOJ, the SEC, and the SFO.
• Conducting worldwide audits of anti-corruption compliance and preparation of a customized, comprehensive anti-corruption compliance program for a large financial services company.
• Conducting internal investigation regarding improper payments in Middle East/Europe and self reporting the potential violations to the SEC and DOJ, which declined to take enforcement action.