Morrison & Foerster has vast experience across a broad range of matters involving the Foreign Corrupt Practices Act ("FCPA") and anti-corruption. Our FCPA and Anti-Corruption Task Force has a strong track record of working with global companies to manage their risk and exposure to anti-corruption issues. We leverage our global network of resources and experts in the United States, Europe, and the Asia-Pacific to ensure effective geographic coverage for our clients. The firm's Securities Litigation, Enforcement, and White-Collar Defense Practice Group is comprised of more than 125 attorneys in our 16 offices worldwide and includes over a dozen former federal and state criminal prosecutors, former Securities and Exchange Commission (SEC) enforcement attorneys, and in-house accounting experts with decades of public accounting experience.
We provide expert representation in the full range of issues in anti-corruption matters, including:
Compliance: Counseling, Training, and Due Diligence
We have developed, implemented, and reviewed anti-corruption programs for global companies in many industries, including professional services, defense and aerospace, media and entertainment, and transportation, among others. We have also conducted scores of FCPA training programs in English, Japanese, and Mandarin to companies operating in China, Japan, and elsewhere in Asia to all levels of employees, officers, and directors.
We also work closely with clients in developing FCPA-related agreements for joint ventures, agents, consultants, key vendors, and other business relationships, as well as anti-corruption training modules for employees, agents, consultants, and third-party intermediaries. We have also conducted scores of reviews of prospective agents, consultants, and joint venture partners in Europe, the Middle East, South America, North America, and the Asia-Pacific region.
In the M&A context, we have assisted with anti-corruption due diligence into foreign acquisition targets with substantial operations in the Asia-Pacific, Latin America, among other regions. Based on results of due diligence, we have developed FCPA compliance programs for merged entities, including drafting of anti-corruption policies and training materials and assisting clients with inperson training prior to closing.
Internal Investigations
We have conducted scores of internal investigations on behalf of companies and Boards of Directors, to uncover potential or suspected FCPA violations and have advised clients on disclosure obligations stemming from the discovered improper conduct. When making assessments and recommendations, we recognize that early and assertive crisis management can increase a company’s credibility with regulators and prosecutors and can eliminate or mitigate its exposure.
We have performed a large number of FCPA investigations -- large and small — in China, Japan, Korea, Thailand, Indonesia, other Asian countries, and Latin America.
Government Investigations and Proceedings
We have successfully defended companies and individuals facing government investigations and criminal charges by obtaining the most favorable outcome quickly and efficiently, with minimal publicity and impact on our client’s business and reputation. Our team's deep bench gives us invaluable insight into the government’s objectives which is critical in defending clients against potential charges, navigating quietly through a government investigation, and negotiating complex global settlements. In many cases, the Department of Justice or other government enforcement bodies have closed their investigations with no action taken against our clients. In other cases, we have successfully represented clients in obtaining favorable settlements or other resolutions with governmental authorities.
Read more about our FCPA and Anti-Corruption experience and how Morrison & Foerster can help you.
Read our recent publications involving developments in FCPA and Anti-Corruption.