"[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.