Foreign Corrupt Practices Act & Global Anticorruption

Latham advises companies around the world on all aspects of anti-corruption compliance. We provide insight and sophisticated representation to clients facing government scrutiny or seeking to avoid it. We handle the full gamut — from conducting internal and government-facing corruption investigations, designing and implementing best-in-class anti-corruption compliance programs, and providing day-to-day practical compliance advice, to spotting anti-corruption risks in a transactional context.

Our team combines the experience of former government officials — from the US Department of Justice (DOJ), Securities and Exchange Commission (SEC), and UK Serious Fraud Office (SFO) — with seasoned defense attorneys across key global jurisdictions. We understand how regulators investigate and prosecute, the practical realities of implementing effective compliance programs across borders, and the need to navigate and resolve investigations with minimal disruption.

We leverage our global platform to pair local legal and cultural experience in key markets with industry-specific experience, particularly in the life sciences, oil and gas, defense, technology, and financial services sectors. The combination allows us to provide rapid on-the-ground counsel and seamless cross-border coordination to respond to regulators in multiple countries, often concurrently.  

Investigations

We help clients facing government investigations quickly identify, address, and remediate corruption issues, mindful of the specific legal, reputational, and collateral consequences of each situation. We have experience successfully handling high-profile matters, but more often resolve matters quietly — whether by remediating the issue prior to government involvement, or by securing a declination or other favorable resolution.

We conduct targeted and efficient investigations to satisfy the company’s needs, prosecutors’ and regulators’ expectations, and board or management’s legal obligations. We balance clients’ scope and disclosure concerns, and employment and remediation decisions, with ongoing business operations to develop effective strategies. As necessary, our team provides advice and representation at every stage of criminal or parallel civil proceedings, including the related and increasingly frequent follow-on securities class actions and shareholder derivative actions.

Innovative and Effective Compliance Counseling

We help our clients establish innovative and effective anti-corruption compliance programs to avoid facing a government or internal investigation. We take a forward-looking, proactive, and practical approach, factoring in region- and industry-specific risks, and drawing on our seasoned understanding of government expectations.

We advise across the spectrum of corruption-related compliance matters, from risk assessments involving “boots on the ground” field work to developing and helping implement anti-corruption policies, controls, and resources worldwide. Our clear and concise guidance addresses the practical needs of specific regions and functions and our timely trainings and protocols engage every level of an organization, helping the C-suite craft communications that resonate on the factory floor.

Anti-Corruption Due Diligence & Transactional Advice

We embed into deal teams to advise on potential corruption exposure in the transactional context — from pre-acquisition due diligence, to deal term negotiations, to post-acquisition risk assessments and investigations. We provide practical and commercial counsel, drawing on investigations and compliance experience to help clients spot and mitigate potential legal exposure, costs for post-acquisition compliance uplifts, and other deal impacts. Our extensive transactional work complements our experience and understanding of corruption-related issues facing distinct industries, geographies, and risk profiles across all our engagements.