The extraterritorial enforcement of criminal and regulatory laws in the global marketplace makes it increasingly important for multinational businesses to remain aware of the ways in which the US Foreign Corrupt Practices Act (FCPA) and similar international laws may affect their business objectives. In addition to the FCPA, the Organisation for Economic Co-Operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions has resulted in the adoption of FCPA-type laws by a growing number of foreign jurisdictions. O’Melveny’s lawyers provide the guidance needed to understand the unique challenges presented by this increasingly complex legal landscape.
We are actively engaged in providing legal counsel pertaining to anti-corruption statutes, including:
- Conducting internal investigations and transactional due diligence around the world;
- Responding to criminal and regulatory enforcement inquiries and proceedings, as well as related administrative and civil actions;
- Advising on updates to existing compliance programs;
- Assisting in the development of new compliance programs;
- Providing anti-bribery training to corporate officers and employees;
- Evaluating potential mergers, joint ventures, investments and business transactions;
- Conducting due diligence on third-party business partners, including consultants, and structuring relationships with them; and
- Making voluntary disclosures to the Department of Justice (DOJ), Securities and Exchange Commission (SEC), and other regulatory authorities
We also provide comprehensive guidance to clients by working closely with:
- Corporate officers
- Corporate boards and board committees
- Representatives of sole proprietorships
- Partnerships and joint ventures
- General counsel and their legal staff
- Accountants
- Audit firms
- Private investigative firms
O’Melveny draws upon the experience of our lawyers whose extensive involvement with FCPA and related legal issues extends to serving on boards of directors and holding key positions at various government agencies. This depth of experience enables us to represent and advise clients effectively in enforcement proceedings before various regulatory bodies, including the DOJ, SEC, and enforcement agencies in other foreign jurisdictions.
We understand the complexities our clients face in achieving their business goals in the global marketplace. By remaining current with the evolving applications of the anti-corruption statutes, and providing ongoing counsel, we are able to address our clients’ objectives while helping them comply with provisions imposed by the FCPA and other anti-corruption laws.