Skadden Arps: Cross Border Investigations Update

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This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of anti-corruption laws in various Asian countries, including China; and the first sentencing by a court in a U.K. Libor trial.

See the update here, including:

Anti-Bribery and FCPA Defense and Compliance ›

Antitrust and Competition ›


Financial Institutions ›

Government Enforcement and White Collar Crime ›

International Trade ›

Securities Enforcement and Compliance ›

Securities Regulation and Corporate Governance ›

Tax ›

Anti-Bribery and FCPA Defense and Compliance

Skadden, Arps, Slate, Meagher & Flom LLP and affiliates (“Skadden”) has extensive experience and a deep history in advising and defending clients in matters involving the U.S. Foreign Corrupt Practices Act (FCPA) and related international laws, including the U.K. Bribery Act 2010 and laws implementing the OECD Anti-Bribery Convention and U.N. Convention Against Corruption.

Our work in this area began long before the recent uptick in enforcement by the Securities and Exchange Commission (SEC) and Department of Justice (DOJ), and we have represented companies or special audit committees and individuals in the most significant enforcement matters brought by government authorities. Our global reach, depth and experience enable us to perform fact-finding and analysis in connection with complex business matters in every country in which our clients conduct business. We are well versed in the issues that arise in multi-jurisdictional investigations and we successfully have navigated the complicated legal landscape when business conduct results in international proceedings that require a strategically coordinated response.

By their nature, overseas anti-corruption investigations involve multiple locations, countries and regulators. United States authorities increasingly have worked with their international counterparts, and prosecutors outside of the U.S. have made anti-corruption investigations and prosecutions a priority. Complaints by competitors and whistleblowers also are leading to enhanced enforcement of anti-corruption laws.

Skadden represents companies, their boards and management, and individuals in all aspects of anti-corruption matters, including internal investigations and the defense of government investigations, enforcement actions, and criminal/civil proceedings.

We handle such matters from the time allegations first arise through final resolution, whether the matter is concluded with a report to a board committee, a declination, an agreed-upon settlement or, if necessary, trial and appeal. Experience has shown that by conducting a prompt and thorough investigation, clients are better positioned to minimize regulatory and litigation risk, particularly where multiple jurisdictions may be involved. In this regard, after conducting internal investigations, Skadden successfully has resolved matters with regulators, resulting in declinations or other settlements favorable to our clients.  For instance, in February 2013, we achieved a rare complete victory in an FCPA case brought by the SEC.

Skadden helps multinational companies develop and implement anti-bribery compliance programs and conduct anti-corruption due diligence on transactions. Our attorneys have helped numerous corporations across industries develop or enhance state-of-the-art compliance programs. We train boards, senior management and employees on anti-bribery issues. In addition, we regularly assist clients in anti-corruption due diligence on corporate transactions. Our vast experience in compliance and investigations enables us to provide this advice in an efficient, cost-effective manner.

Skadden has a former judge for the U.S. District Court for the Southern District of New York; former U.S. attorneys for the Northern District of Illinois, the District of Massachusetts and the District of Connecticut based in our Chicago, Boston and New York offices, respectively; as well as former assistant U.S. attorneys in our New York, Washington, D.C., London, Chicago and Los Angeles offices. Several former SEC enforcement attorneys, including a former deputy director for enforcement, are resident in Skadden’s Washington, D.C. office, and our London office includes a former senior prosecutor at the Serious Fraud Office. Moreover, Skadden’s international reach extends to Paris, Frankfurt, Munich, Moscow, Tokyo, Singapore, Hong Kong, Beijing and São Paulo. Having this cadre of international lawyers, who are versed in the local laws and can speak the local language, provides us with the necessary resources to address anti-bribery issues as they arise and offers cost efficiencies to our clients.

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