FCPA Compliance
Multinational corporations today face challenges on a variety of corporate governance and regulatory fronts. Critical among them is the growing world-wide emphasis on investigating and prosecuting activities aimed at improperly influencing foreign government officials to obtain business. Companies face significant decisions in identifying and mitigating the risks of doing business in countries with different laws, practices, ownership structures and requirements concerning the use of middlemen. Increased and aggressive enforcement activity is now being seen worldwide. In the U.S., enforcement of the Foreign Corrupt Practices Act of 1977 (FCPA) has expanded as a result of the amendment of the Act in 1998, and renewed focus on corporate responsibility.
McKenna Long & Aldridge (MLA) lawyers for years have been active advocates for these very corporations that are now being forced to focus on the global efficacy of truly global compliance programs. Our lawyers have testified before Congress on FCPA amendments and we have worked on all aspects of international government contracting, including foreign military sales, direct “FMF” sales and US AID contracts and regulations.
We recognize that investigations of corruption know no geographic boundaries, and numerous investigations have been publicized involving China, Latin America, Africa, the Middle East, Eastern Europe and elsewhere. Cooperation between investigating governmental bodies, especially between the US and the EU — whether at the EU or member state level — is increasing. The U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) vigorously investigate both civil and criminal FCPA violations, including those of companies with little nexus to the US.
Our lawyers have the necessary in-depth experience in enforcement and defense against judgments from international courts for our clients. We work actively on matters involving U.S. Export Laws and Regulations and suspected violations of export control laws and the FCPA. We litigate at the trial and appellate levels and we have broad application in class action and multi-district litigation.
We work with our clients to help them emphasize corporate governance; it is simply good business. The stakes associated with responding to regulatory and prosecutorial inquiries have never been higher. A failure to develop appropriate anti-corruption compliance programs and responses can severely harm a company’s reputation and, ultimately, their bottom line.