Morgan Lewis brings a cross-disciplinary team of lawyers to address every aspect of FCPA counseling and compliance. From due diligence in mergers and acquisitions to compliance and training, our attorneys have the skills to help keep companies out of danger. When a potential problem arises, our experience in conducting internal investigations allows us to quickly gather the relevant facts and provide advice on the best course of action, from cooperating with the Department of Justice and the Securities and Exchange Commission to defending the company or individuals in either criminal or civil proceedings. Our international presence allows us to respond effectively and quickly to any FCPA problem—wherever it arises.
With one of the largest national White Collar Litigation & Government Investigations Practices, we have a background in and perspective from every aspect of the "corporate investigations prism" and have worked closely with both the DOJ and SEC. Our objective is to make independent targeted assessments of issues based on a thorough review of the facts, and then develop customized and comprehensive solutions to provide effective, efficient, and practical guidance.
Our attorneys are skilled in handling every facet of an FCPA issue, from conducting FCPA due diligence in a deal to developing compliance programs, as well as training, investigating, and litigation.
- Due Diligence—FCPA issues arise when a company acquires or invests in another company or venture, joins another company or individual in a joint venture or partnership, or uses overseas agents.
- Compliance—Companies are expected to have a compliance program aimed at preventing/detecting potential FCPA violations.
- Internal Investigations—If an issue arises, it is imperative to get the facts quickly and effectively. Our attorneys have conducted many complex internal investigations on behalf of companies, boards of directors, and audit committees.
- DOJ and SEC Background—The DOJ and SEC regulate and enforce the FCPA. Our attorneys can help companies deal with both the SEC, which handles financial reporting issues and internal company controls, and the DOJ, which enforces and applies criminal sanctions to violations.
- Litigation—Depending on the severity of the issues raised in an FCPA investigation, civil litigation often follows a public announcement of the FCPA problem or resolution.
Morgan Lewis lawyers have:
- Conducted internal investigations for many Fortune 500 companies
- Made numerous voluntary disclosures to the DOJ, the SEC, and other federal and state regulators
- Developed comprehensive FCPA compliance programs
- Conducted comprehensive reviews/evaluations of compliance programs, policies/procedures, and internal controls
- Conducted FCPA due diligence in mergers and acquisitions and proposed joint ventures
- Assisted companies through restating financial statements due to allegations of misconduct
- Developed and conducted FCPA training programs for company employees