FCPA and International Anti-Bribery

"[A]ccomplished at advising a range of financial entities and corporates across various allegations of financial wrongdoing" - Legal 500

In recent years, the DOJ and the SEC have placed increasing emphasis on investigations and prosecutions involving the Foreign Corrupt Practices Act (FCPA).  In the UK, and in other foreign jurisdictions, prosecutors have begun enforcing their new anti-bribery laws, such as the UK’s Bribery Act 2010, enacted following the ratification of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.  We have represented U.S. private and public companies and foreign corporations in such matters in over 60 countries worldwide, giving our team unparalleled expertise in helping our clients across the globe.  In addition, our lawyers are well-versed in the data privacy issues and laws critical to conducting such reviews. Lawyers in our international offices bring their experience in anti-corruption and related issues in jurisdictions around the world as well as provide guidance on data privacy issues critical to conducting internal reviews, particularly in Europe. 

Cadwalader also advises and assists clients in managing FCPA and other international compliance risks in connection with mergers, acquisitions, joint ventures and other complex corporate transactions, including directing global due diligence reviews of proposed business combinations in jurisdictions that present significant risks of government corruption and fraud.  Our lawyers understand the unique risks presented by such transactions – such as measuring legal risks in distribution channels, identifying issues in public tendering, and gauging past compliance with governmental approvals – that can lead to post-closing liabilities or valuation changes.  The firm helps clients develop solutions to manage such risk and ensure that a fair agreement on price and risk allocation is reached.  Post-closing, Cadwalader conducts deep detailed reviews to identify any latent FCPA and compliance issues, as well as assists in control gap assessments and the integration of the target into the client's compliance structures.  Our experience extends to site visits, interviews, and transactional analysis in countries around the world within tight timeframes.  In addition, we conduct independent reviews of corporate anti-corruption policies and procedures, benchmarking against US and international standards.

  • Magyar Telekom, a Hungarian telecommunications company, in connection with DOJ and SEC investigations into potential violations of the FCPA.
  • A group of equity firms that included J.P. Morgan Partners, Candover Partners and 3i Group in a FCPA due diligence inquiry that preceded the group’s acquisition of the upstream oil and gas businesses of ABB, and Vetco International Limited, the resulting company, in worldwide compliance.
  • Vetco International Limited in an investigation that resulted in a settlement with the DOJ related to payments made to Nigerian customs officials by international freight forwarder Panalpina.
  • The Audit Committee of Schnitzer Steel in an FCPA internal investigation and the negotiation of a settlement with the DOJ and SEC.
  • Several Fortune 100 companies in worldwide due diligence and compliance reviews for corruption and other potential legal violations prior to contemplated acquisitions
  • Several major international corporations in the oil and gas, energy, pharmaceutical, construction, manufacturing, and national defense areas in internal and government investigations of alleged FCPA violations and other countries’ anti-bribery laws.
  • The Audit Committee of Noble Corporation in an FCPA internal investigation regarding Nigerian operations.
  • A global healthcare company in several worldwide internal investigations related to potential FCPA allegations and inquiries by the Justice Department and SEC and in developing and implementing a comprehensive system of FCPA controls, including an international due diligence program for the review and assessment of foreign acquisition targets.

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14 Attorneys

Avergun, Jodi L. Partner Washington
T. +1 202 862 2456
Campbell, Bret A. Partner Washington
T. +1 202 862 2253
Carey, Peter Associate Washington
T. +1 202 862 2339
Clark, Peter B. Senior Counsel Washington
T. +1 202 862 2448
Duncan, J. Robert Associate Washington
T. +1 202 862 2233
Facciponti, Joseph Special Counsel New York
T. +1 212 504 6313
Fischer, Douglas H. Associate Washington
T. +1 202 862 2276
Gerver, Keith M. Associate Washington
T. +1 202 862 2381
Jay III, A. Joseph Special Counsel Washington
T. +1 202 862 2248
Kukowski, Colleen D. Associate Washington
T. +1 202 862 2286
Treanor, James A. Associate Washington
T. +1 202 862 2330
Urban, Lex Associate Washington
T. +1 202 862 2320
Wainstein, Kenneth L. Partner Washington
T. +1 202 862 2474
Wharton, Kendra (Clayton) Associate Washington
T. +1 202 862 2333

Contact(s)

Bret A. Campbell
+1 202 862 2253 
bret.campbell@cwt.com
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Peter B. Clark
+1 202 862 2448 
peter.clark@cwt.com
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