FCPA/Anti-Corruption

Steptoe lawyers have held and hold leadership positions in the Coalition for Integrity (formerly Transparency International USA) and in bar committees on corruption and money laundering, have testified before US Congress on anti-corruption issues, and have served on US delegations to the Organisation for Economic Co-operation and Development (OECD) Working Group on Bribery and the Organization for Security and Co-operation in Europe (OSCE). They write and speak extensively on cutting edge issues under the FCPA and related laws.

For a number of years, lawyers in our practice have consistently received the highest ranking in Chambers USA and Chambers Global.

The services of Steptoe's FCPA/Anti-Corruption team include the following:

• Compliance. Providing global anti-corruption compliance program development and implementation, including risk and gap assessments, drafts of policies and procedures, training, benchmarking, continuous improvement and advice regarding best practices.
• Third Parties. Conducting due diligence and audits on third parties, advising on risk mitigation strategies, training, and advising on other steps to manage the central area of third-party risk.
• M&A. Counseling on appropriate due diligence and risk mitigation measures, and representation of both buyers and sellers in M&A transactions.
• Joint Ventures. Advising on and conducting due diligence, safeguards, and other mitigation measures.
• Foreign Operations. Counseling and strategic support on foreign operational issues, including charitable and political contributions, gifts and entertainment, hiring issues, government support, payments and other operational challenges, including security support (and related business and human rights compliance issues), third-party issues, solicitation, books and records and other accounting issues, and local law prohibitions.
• Opinions and Reviews. Providing legal opinions, business review letters, and regulatory guidance on specific transactions, offset requirements and third-party agency arrangements, and advice and representation with respect to the DOJ Opinion Procedure.
• Voluntary Disclosures. Counseling and representation on voluntary disclosures to the US and other authorities; advice on collateral regulatory regimes pertaining to marketing activities, sales commissions, corporate governance (Sarbanes-Oxley/whistleblowers/Dodd-Frank), anti-money laundering laws and regulations, tax issues, and political contributions.
• Internal and Government Investigations. Conducting internal investigations in response to whistleblower or other allegations on behalf of management or the board; responding to government investigations and inquiries, including voluntary requests for information, subpoenas, and the like; and dealing with stakeholders including external auditors, financiers, investors, and others.
• Negotiated Resolutions. Negotiating deferred and non-prosecution agreements and pleas, and declinations under the FCPA Corporate Resolutions Policy of the DOJ.
• Criminal and Other Proceedings. Defending clients of charges in criminal and civil/administrative proceedings, including World Bank sanctions proceedings.
• Local Laws. Identifying and supervising counsel in foreign jurisdictions to obtain opinions on local law regarding gratuities provided to government officials and coordinate integrated advice on FCPA and local law issues.
• Collateral Disputes and Whistleblower Matters. Assisting clients in resolving local disputes, arbitration, and litigation arising from FCPA compliance requirements and shareholder derivative complaints, and addressing whistleblower issues.
• Monitorships. Assisting clients with the selection of monitors, supporting clients undergoing monitorships, and serving as monitors.

• World Bank Sanctions Process. Counseling and representation in World Bank and other international financial institution investigations, sanctions proceedings, negotiated resolutions, cross-debarment matters and other collateral consequences, and voluntary disclosures.

Understanding local law is an increasingly important element in any effective global anti-corruption program. Steptoe has created the International Anti-Corruption Law Guide to meet this challenge. The guide offers web-accessible compliance reports that provide corporate subscribers and their employees with detailed information on local anti-corruption laws around the globe. Currently, 47 countries are included.

Our resources in other areas of international regulatory compliance (for example, export controls and economic sanctions) allow us to provide advice and support to clients on issues that may arise in the course of their international operations.

Industries

• Aviation and transportation
• Chemicals
• Computer hardware and software
• Consulting and other professional services
• Defense
• Energy
• Engineering and construction
• Entertainment and leisure
• Extractive, including oil and gas, mining, and related services
• Financial services, including private equity, hedge funds, and insurance
• Hospitals and healthcare
• Manufacturing
• Pharmaceutical and medical devices
• Telecommunications services and equipment
• Retail

Noteworthy

• Global Investigations Review (GIR) 100, Top 30 Firms for Investigations Worldwide (2015-2023)
• Chambers Asia-Pacific, International Trade/WTO, Asia-Pacific Region (2009-2023)
• Chambers Asia-Pacific, International Trade/WTO, China (2011-2022)
• Chambers Greater China, Corporate Investigations/Anti-Corruption (2024)
• Chambers Global, International & Cross-Border Capabilities, International Disputes & Regulation, US (2019-2023)
• Chambers Global, Corporate Investigations/Anti-Corruption, (International Firms), China (2021-2023)
• Chambers Global, Corporate Crime & Investigations, US (2017-2023)
• Chambers Global, Investigations & Enforcement: International & Cross-Border, US (2020-2023)
• Chambers Global, Disputes, International & Cross-Border Capabilities, US (2019-2023)
• Chambers Global, FCPA, US (2017-2023)
• Chambers Global, Corporate Investigations: Anti-Corruption, Global (2015-2018, 2022)
• Chambers Latin America, Corporate Crime & Investigations: Latin America-wide (2016-2018)
• Chambers USA, FCPA, Nationwide (2014-2023)
• Chambers USA, Corporate Crime & Investigations, Nationwide (2015-2023)
• Legal 500 Asia Pacific, Regulatory: Anti-Corruption and Compliance, Hong Kong (2021-2024)
• Legal 500 Latin America, the International Firms: Compliance and Investigations (2023)
• Legal 500 UK, Risk advisory: Regulatory investigations and corporate crime (2012-2019, 2022-2023)
• China Law & Practice, Shortlisted, International Firm of the Year: Regulatory & Compliance (2018, 2021-2022)
• China Business Law Journal, China Business Law Award: Anti-Bribery & Compliance (2015, 2018)