FCPA and Anti-Corruption
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Practical, Effective FCPA Compliance Counsel and Representation
Wilson Sonsini advises companies on ongoing FCPA compliance strategies and helps clients with respect to government inquiries and investigations concerning global business activity.
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A Growing FCPA and Anti-Corruption Practice
Wilson Sonsini recently expanded its FCPA practice with the addition of Tarek Helou. The team now has even greater experience, including all-important agency enforcement perspective and expertise concerning the activities that trigger government scrutiny, inquiries, and investigations.
Wilson Sonsini has a team of attorneys focused on representing and advising individuals and corporate clients in connection with Foreign Corrupt Practices Act (FCPA) and similar anti-corruption and anti-bribery matters. Our FCPA attorneys have extensive experience:
- counseling clients on FCPA and anti-corruption compliance, including developing compliance programs, performing audits, and conducting risk assessments;
- conducting due diligence and providing counsel during mergers, acquisitions, initial public offerings, and financings, and in connection with third-party engagements; and
- representing individuals and corporations in internal investigations and government enforcement actions and litigation concerning FCPA, anti-corruption, and anti-bribery-related matters.
Our FCPA attorneys have significant government or law enforcement experience coupled with years in private practice or time spent as in-house counsel. This wide range of experience directly corresponds to the variety of FCPA and anti-corruption issues that our attorneys have handled, from counseling and compliance advice to due diligence, investigations, and enforcement actions.
FCPA and Anti-Corruption Counsel
Wilson Sonsini’s attorneys have designed and implemented comprehensive FCPA and anti-corruption compliance programs for clients across various sectors, including technology, life sciences, medical device, and pharmaceutical industries, working closely with in-house teams to establish company-wide internal controls and compliance procedures. Our attorneys understand that anti-corruption compliance programs are not one-size-fits-all, and we employ a custom-tailored approach to our compliance counseling. Our attorneys have also conducted FCPA and anti-corruption compliance training for company employees, as well as their business partners and service providers, as necessary.
Further, Wilson Sonsini’s attorneys serve as day-to-day anti-corruption compliance counsel to numerous clients addressing various issues as they arise in a company’s normal course of business. For example, our FCPA attorneys draft third-party agreements and provide counseling regarding third-party business partners and joint ventures; travel, gift, and entertainment issues or guidelines; incentive or award programs; grants; charitable and political donations; and specific requests or questions regarding interactions with government officials.
In addition, our attorneys have significant experience performing anti-corruption compliance audits and risk assessments for companies of all sizes and maturity. Each client or potential client receives a tailored work plan and cost estimate geared toward the individual goals of the audit or risk assessment.
Due Diligence
Wilson Sonsini’s FCPA and white collar crime attorneys support the firm’s world-renowned mergers and acquisitions, capital markets, financings, and general corporate practices. In this context, our FCPA attorneys take the lead on drafting FCPA, anti-corruption, and anti-bribery representations, warranties, covenants, and certifications, and conducting due diligence for myriad forms of corporate transactions.
For decades, Wilson Sonsini has been among the leading legal services providers to corporate clients involved in transactions, and the firm has represented clients in thousands of mergers, acquisitions, financings, and initial public offerings. As a result, our attorneys have often been engaged to conduct internal FCPA and anti-corruption due diligence investigations in conjunction with M&A, IPO, and other transactions. Our FCPA attorneys are adept at gauging the legal and financial exposure presented by business and transaction partners related to FCPA, anti-corruption, and anti-bribery issues. Likewise, our robust anti-corruption practice helps companies establish and consider certain compliance enhancements or remedial measures in light of issues identified during the due diligence process, including best practices for integrating newly acquired businesses into a company’s compliance program.
Internal FCPA Investigations
Wilson Sonsini has more than 25 attorneys with experience undertaking internal investigations on behalf of corporate clients, general counsels, and boards of directors to assess and report on possible FCPA-related oversights or improprieties.
Our attorneys have conducted internal assessments and investigations and provided legal opinions on past actions that represent possible FCPA violations, including activities taken directly or indirectly by company agents and other actors who may have put the company at risk. We understand that the scope and process employed in an internal investigation must take into account a company’s size and resources. Because of the unique nature of Wilson Sonsini’s client base, our FCPA attorneys take a bespoke approach to each internal assessment and investigation, rather than treating all FCPA issues, assessments, or investigations the same.
Government FCPA Investigations and Enforcement
Wilson Sonsini has defended corporate clients facing government investigations, agency enforcement actions, and litigation related to FCPA and other corruption allegations.
We have significant experience advising clients on investigations initiated by the DOJ and SEC, as well as parallel investigation by non-U.S. authorities in other jurisdictions. Our clients benefit from our attorneys’ situational awareness, which is based on their familiarity with prosecutorial and enforcement tactics on a global basis.
The firm has also assisted clients in FCPA investigations prompted by whistleblowers and other self-monitoring functions that have been put in place in response to heightened regulatory scrutiny.
In this highly sensitive area, clients have ranged from growing mid-size companies to multinational corporations with global operations, many of which are in highly competitive industries, including the technology, financial, pharmaceutical, medical device, life sciences, and energy sectors. In early stages, we have helped clients evaluate available strategies and, in certain cases, we have significantly narrowed the scope of FCPA investigations and/or convinced the government that charges are not warranted. If FCPA investigations proceed, our attorneys often take a lead role in negotiations with enforcement authorities. In certain FCPA investigations, we helped clients achieve complete containment, resulting in the cessation of the inquiry. In others, we secured settlements resulting in limited or no financial penalty or admissions of wrongdoing. Our attorneys have achieved numerous favorable dispositions of FCPA matters, including the outright disposal of FCPA investigations.
For more information, visit the firm's board/internal investigations, government investigations, and white collar practice pages.
Agency and Regulatory Experience
The consequences of FCPA civil or criminal liability are real. Violations can result in significant criminal and civil sanctions and penalties, including the possibility of long-term incarceration and large fines. Therefore, our clients have sought the help of only the most experienced legal counsel when potential FCPA problems have surfaced.
Wilson Sonsini’s FCPA team consists of senior-level practitioners who are subject-matter experts in highly relevant areas. For example, our attorneys have previously held significant roles in U.S. Attorneys’ Offices, the SEC, the DOJ, and other prosecutor or regulatory enforcement posts. Members of the team include:
- A former federal prosecutor in the Criminal Division of the U.S. Attorney’s Office for the Eastern District of New York
- A former assistant U.S. attorney in the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York
- A former federal criminal prosecutor for the Northern District of California
- A former two-term member of the Advisory Committee on the Federal Rules of Criminal Procedure for the U.S. Judicial Conference, appointed by Chief Justice Roberts
- A former enforcement attorney from the SEC’s Division of Enforcement
Other attorneys on Wilson Sonsini’s investigations team are closely familiar with the board and board committee composition and independence considerations often tied to government FCPA investigations.
Wilson Sonsini has a team of attorneys focused on representing and advising individuals and corporate clients in connection with Foreign Corrupt Practices Act (FCPA) and similar anti-corruption and anti-bribery matters. Our FCPA attorneys have extensive experience:
- counseling clients on FCPA and anti-corruption compliance, including developing compliance programs, performing audits, and conducting risk assessments;
- conducting due diligence and providing counsel during mergers, acquisitions, initial public offerings, and financings, and in connection with third-party engagements; and
- representing individuals and corporations in internal investigations and government enforcement actions and litigation concerning FCPA, anti-corruption, and anti-bribery-related matters.
Our FCPA attorneys have significant government or law enforcement experience coupled with years in private practice or time spent as in-house counsel. This wide range of experience directly corresponds to the variety of FCPA and anti-corruption issues that our attorneys have handled, from counseling and compliance advice to due diligence, investigations, and enforcement actions.
FCPA and Anti-Corruption Counsel
Wilson Sonsini’s attorneys have designed and implemented comprehensive FCPA and anti-corruption compliance programs for clients across various sectors, including technology, life sciences, medical device, and pharmaceutical industries, working closely with in-house teams to establish company-wide internal controls and compliance procedures. Our attorneys understand that anti-corruption compliance programs are not one-size-fits-all, and we employ a custom-tailored approach to our compliance counseling. Our attorneys have also conducted FCPA and anti-corruption compliance training for company employees, as well as their business partners and service providers, as necessary.
Further, Wilson Sonsini’s attorneys serve as day-to-day anti-corruption compliance counsel to numerous clients addressing various issues as they arise in a company’s normal course of business. For example, our FCPA attorneys draft third-party agreements and provide counseling regarding third-party business partners and joint ventures; travel, gift, and entertainment issues or guidelines; incentive or award programs; grants; charitable and political donations; and specific requests or questions regarding interactions with government officials.
In addition, our attorneys have significant experience performing anti-corruption compliance audits and risk assessments for companies of all sizes and maturity. Each client or potential client receives a tailored work plan and cost estimate geared toward the individual goals of the audit or risk assessment.
Due Diligence
Wilson Sonsini’s FCPA and white collar crime attorneys support the firm’s world-renowned mergers and acquisitions, capital markets, financings, and general corporate practices. In this context, our FCPA attorneys take the lead on drafting FCPA, anti-corruption, and anti-bribery representations, warranties, covenants, and certifications, and conducting due diligence for myriad forms of corporate transactions.
For decades, Wilson Sonsini has been among the leading legal services providers to corporate clients involved in transactions, and the firm has represented clients in thousands of mergers, acquisitions, financings, and initial public offerings. As a result, our attorneys have often been engaged to conduct internal FCPA and anti-corruption due diligence investigations in conjunction with M&A, IPO, and other transactions. Our FCPA attorneys are adept at gauging the legal and financial exposure presented by business and transaction partners related to FCPA, anti-corruption, and anti-bribery issues. Likewise, our robust anti-corruption practice helps companies establish and consider certain compliance enhancements or remedial measures in light of issues identified during the due diligence process, including best practices for integrating newly acquired businesses into a company’s compliance program.
Internal FCPA Investigations
Wilson Sonsini has more than 25 attorneys with experience undertaking internal investigations on behalf of corporate clients, general counsels, and boards of directors to assess and report on possible FCPA-related oversights or improprieties.
Our attorneys have conducted internal assessments and investigations and provided legal opinions on past actions that represent possible FCPA violations, including activities taken directly or indirectly by company agents and other actors who may have put the company at risk. We understand that the scope and process employed in an internal investigation must take into account a company’s size and resources. Because of the unique nature of Wilson Sonsini’s client base, our FCPA attorneys take a bespoke approach to each internal assessment and investigation, rather than treating all FCPA issues, assessments, or investigations the same.
Government FCPA Investigations and Enforcement
Wilson Sonsini has defended corporate clients facing government investigations, agency enforcement actions, and litigation related to FCPA and other corruption allegations.
We have significant experience advising clients on investigations initiated by the DOJ and SEC, as well as parallel investigation by non-U.S. authorities in other jurisdictions. Our clients benefit from our attorneys’ situational awareness, which is based on their familiarity with prosecutorial and enforcement tactics on a global basis.
The firm has also assisted clients in FCPA investigations prompted by whistleblowers and other self-monitoring functions that have been put in place in response to heightened regulatory scrutiny.
In this highly sensitive area, clients have ranged from growing mid-size companies to multinational corporations with global operations, many of which are in highly competitive industries, including the technology, financial, pharmaceutical, medical device, life sciences, and energy sectors. In early stages, we have helped clients evaluate available strategies and, in certain cases, we have significantly narrowed the scope of FCPA investigations and/or convinced the government that charges are not warranted. If FCPA investigations proceed, our attorneys often take a lead role in negotiations with enforcement authorities. In certain FCPA investigations, we helped clients achieve complete containment, resulting in the cessation of the inquiry. In others, we secured settlements resulting in limited or no financial penalty or admissions of wrongdoing. Our attorneys have achieved numerous favorable dispositions of FCPA matters, including the outright disposal of FCPA investigations.
For more information, visit the firm's board/internal investigations, government investigations, and white collar practice pages.
Agency and Regulatory Experience
The consequences of FCPA civil or criminal liability are real. Violations can result in significant criminal and civil sanctions and penalties, including the possibility of long-term incarceration and large fines. Therefore, our clients have sought the help of only the most experienced legal counsel when potential FCPA problems have surfaced.
Wilson Sonsini’s FCPA team consists of senior-level practitioners who are subject-matter experts in highly relevant areas. For example, our attorneys have previously held significant roles in U.S. Attorneys’ Offices, the SEC, the DOJ, and other prosecutor or regulatory enforcement posts. Members of the team include:
- A former federal prosecutor in the Criminal Division of the U.S. Attorney’s Office for the Eastern District of New York
- A former assistant U.S. attorney in the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York
- A former federal criminal prosecutor for the Northern District of California
- A former two-term member of the Advisory Committee on the Federal Rules of Criminal Procedure for the U.S. Judicial Conference, appointed by Chief Justice Roberts
- A former enforcement attorney from the SEC’s Division of Enforcement
Other attorneys on Wilson Sonsini’s investigations team are closely familiar with the board and board committee composition and independence considerations often tied to government FCPA investigations.
The accompanying profile notes that the firm has “added to its investigations practice over the past year by recruiting big-name lawyers in New York and London,” and references several FCPA-related matters handled by the firm, including its representation of a group of shareholders in Africo Resources Limited who sued for restitution in an FCPA investigation against Och-Ziff, representation of several large cybersecurity companies in various FCPA investigations being conducted by the DOJ and SEC, representation of a computer scientist at a Chinese university who faced a charge of wire fraud conspiracy, and representation of witnesses in connection with an ongoing investigation into alleged corruption involving the Venezuelan state-owned oil and natural gas company PDVSA. The profile also highlights the practices of partners Caz Hashemi, Tarek Helou, Leo Cunningham, and Moe Fodeman, and mentions the recent hires of Jessica Lonergan and Mike Casey, as well as the return of Beth George.
For more information on the 2021 GIR 100 recognition, please click here.
The accompanying profile notes that the firm has “added to its investigations practice over the past year by recruiting big-name lawyers in New York and London,” and references several FCPA-related matters handled by the firm, including its representation of a group of shareholders in Africo Resources Limited who sued for restitution in an FCPA investigation against Och-Ziff, representation of several large cybersecurity companies in various FCPA investigations being conducted by the DOJ and SEC, representation of a computer scientist at a Chinese university who faced a charge of wire fraud conspiracy, and representation of witnesses in connection with an ongoing investigation into alleged corruption involving the Venezuelan state-owned oil and natural gas company PDVSA. The profile also highlights the practices of partners Caz Hashemi, Tarek Helou, Leo Cunningham, and Moe Fodeman, and mentions the recent hires of Jessica Lonergan and Mike Casey, as well as the return of Beth George.
For more information on the 2021 GIR 100 recognition, please click here.
Chambers UK noted that Mike is “a one-stop shop for global sanctions advice” who is “very responsive with his provision of highly commercial advice.” The publication also described Mike as “one of the most experienced practitioners in the market” who “understands and takes into consideration any necessary complexities and understands the importance of commerciality when giving recommendations.”
Mike has led numerous internal and government-initiated investigations involving potential violations of sanctions, export controls, anti-money laundering laws, anti-bribery laws, and fraud laws throughout the world. He has also represented individuals in pending and threatened litigation.
Mike regularly advises clients on a wide range of compliance issues. He works with clients to develop and implement state-of-the-art compliance programs, including corporate policies, training programs, and third-party procedures. Further, Mike assists clients with carrying out due diligence for many types of corporate transactions. He has successfully guided dozens of investors and companies through the NSI Act review process.
Prior to joining Wilson Sonsini, Mike was a partner in the London office of Kirkland & Ellis.
Mike is the author of Sanctions Enforcement and Compliance: A Practitioner’s Guide to OFAC, a treatise published by Bloomberg BNA. Additionally, leading legal publications have published more than 45 of his articles. He has been quoted in numerous publications, including The Wall Street Journal, The New York Times, and Global Investigations Review.
Prior to joining the firm, Brent served as chief executive officer of the Hong Kong Competition Commission (HKCC), where he had day-to-day responsibility for all aspects of its enforcement, policy, advocacy, and administration functions. Under his leadership, the HKCC set several important litigation precedents; significantly increased the volume, variety, and complexity of its enforcement work; improved its leniency and cooperation incentives; and enhanced its competition policy and advocacy work.
Chambers UK noted that Mike is “a one-stop shop for global sanctions advice” who is “very responsive with his provision of highly commercial advice.” The publication also described Mike as “one of the most experienced practitioners in the market” who “understands and takes into consideration any necessary complexities and understands the importance of commerciality when giving recommendations.”
Mike has led numerous internal and government-initiated investigations involving potential violations of sanctions, export controls, anti-money laundering laws, anti-bribery laws, and fraud laws throughout the world. He has also represented individuals in pending and threatened litigation.
Mike regularly advises clients on a wide range of compliance issues. He works with clients to develop and implement state-of-the-art compliance programs, including corporate policies, training programs, and third-party procedures. Further, Mike assists clients with carrying out due diligence for many types of corporate transactions. He has successfully guided dozens of investors and companies through the NSI Act review process.
Prior to joining Wilson Sonsini, Mike was a partner in the London office of Kirkland & Ellis.
Mike is the author of Sanctions Enforcement and Compliance: A Practitioner’s Guide to OFAC, a treatise published by Bloomberg BNA. Additionally, leading legal publications have published more than 45 of his articles. He has been quoted in numerous publications, including The Wall Street Journal, The New York Times, and Global Investigations Review.
Prior to joining the firm, Brent served as chief executive officer of the Hong Kong Competition Commission (HKCC), where he had day-to-day responsibility for all aspects of its enforcement, policy, advocacy, and administration functions. Under his leadership, the HKCC set several important litigation precedents; significantly increased the volume, variety, and complexity of its enforcement work; improved its leniency and cooperation incentives; and enhanced its competition policy and advocacy work.
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