FCPA/Anti-Corruption

Over the years, Steptoe has counseled many companies—US and foreign, their foreign affiliates, and individuals—on the scope, meaning, and application of the FCPA and related laws, involving a wide spectrum of countries and issues. Our practice includes both preventive advice and counseling and investigations and enforcement work. Our practice is worldwide, and includes extensive experience dealing with trade and investment transactions in emerging markets, particularly in Latin America, southeast Asia, the Middle East, and the former Soviet Union, which often involve government or quasi-governmental participation.

In serving our clients' needs in the FCPA area, Steptoe draws on the resources of our lawyers in both our International Regulatory & Compliance and White-Collar Criminal Defense groups. In addition to their extensive experience in private practice, our lawyers' governmental experience includes service in the Department of Justice, the staff of the Securities and Exchange Commission, and the Permanent Subcommittee on Investigations of the US Congress. We have performed special board committee investigations and internal investigations for companies, boards of directors, audit committees, and special litigation committees. Our European offices also provide important insight (for example, on EU data protection laws and UK money laundering laws) and support.

Steptoe lawyers litigated the Kay case, one of the leading decisions to construe the FCPA's scope. Steptoe lawyers have also been involved and are currently involved in a number of recent FCPA investigations and enforcement actions involving the Middle East, Latin America, the former Soviet Union, Africa, and Asia. We have also been in the forefront of World Bank investigations and sanctions proceedings, and have experience with parallel proceedings in multiple jurisdictions.

Steptoe lawyers have held and hold leadership positions in Transparency International and in ABA committees on corruption and money laundering, have testified before the US Congress on anticorruption issues, and served on US delegations to the OECD and OSCE on corruption issues. They write and speak extensively on cutting-edge issues under the FCPA and related international laws.

Steptoe's FCPA/Anti-Corruption Team offers the following services:

• Provide compliance program development and implementation, including training, benchmarking, and best practices advice
• Counsel with respect to the scope and extent of due diligence, risk mitigation, and audits on partners, consultants, representatives, and other third parties
• Counsel and represent buyers and sellers in M&A transactions
• Develop risk mitigation safeguards in a variety of transactional and dispute contexts
• Draft legal opinions, business review letters, and regulatory guidance on specific corporate transactions, offset requirements, and third-party agency arrangements
• Advise on collateral regulatory regimes pertaining to marketing activities, sales commissions, anti-money laundering laws and regulations, tax issues, and political contributions
• Represent in Justice Department, SEC enforcement proceedings and investigations as well as collateral proceedings involving the US Congress, World Bank, and other US agencies
• Identify and supervise 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
• Assist clients in resolving local disputes, arbitration, and litigation arising from FCPA compliance requirements

Industries

• Extraction, includes oil and gas, mining, and oil field services
• Telecommunications services and equipment
• Manufacturers
• Defense
• Commercial airlines and transportation
• Pharmaceutical
• Hospitals
• Financial services, including private equity
• Insurance
• Energy
• Chemicals
• Healthcare
• Retail industries
• Consulting, engineering, and other services
• Computer hardware and software

For more information, contact any of the following partners:

• Evan T. Barr at ebarr@steptoe.com or 212.506.3918
• Jonathan C. Drimmer at jdrimmer@steptoe.com or 202.429.6477
• Brian M. Heberlig at bheberlig@steptoe.com or 202.429.8134
• Matthew J. Herrington at mherrington@steptoe.com or 202.429.8164
• John L. Jacobus at jjacobus@steptoe.com or 202.429.6276
• Erik L. Kitchen at ekitchen@steptoe.com or 202.429.8132
• Edward J. Krauland at ekrauland@steptoe.com or 202.429.8083
• Lucinda A. Low at llow@steptoe.com or 202.429.8051
• Patrick M. Norton at pnorton@steptoe.com or 202.429.8034
• Thomas K. Sprange at tsprange@steptoe.com or +44 20 7367 8024  
• Reid H. Weingarten at rweingarten@steptoe.com or 202.429.6238

News, Seminars & Events

• Lucinda Low Quoted on Anti-Bribery Issues in The Bottom Line
• Steptoe FCPA Alert Published by Competition Law360
• Lucinda Low Joins International Group
• Government Contractors Abroad
• The Foreign Corrupt Practices Act 2008: Coping with Heightened Enforcement Risks
• The Foreign Corrupt Practices Act 2008: Coping with Heightened Enforcement Risks
• Overcoming FCPA Compliance Challenges in Nigeria
• Successfully Managing An Internal Investigation, Asia Anti-Corruption Summit in Hong Kong

More Seminars & Events »

Publications & Speaking Engagements

• International Law Advisory - New Department of Justice FCPA Opinion Procedure Release Establishes a Limited Safe Harbor Against Successor Liability Based on Significant Undertakings by An Acquirer Regarding Its Post-Closing Conduct
  July 1, 2008
• International Law Advisory - Willbros Group Agrees to Pay $32.3 Million To Resolve DoJ and SEC FCPA Enforcement Actions
  May 21, 2008
• Are You at Risk of Waiving the Attorney-Client Privilege by Using Your Employer’s Computer Systems to Communicate With a Personal Attorney?
  May 1, 2008, Digital Discovery & e-Evidence, Vol. 08, No. 05
• International Law Advisory - Recent Oil-for-Food Program Cases Show the Government's Willingness to Pursue "Improper" Payments Outside the FCPA's Antibribery Provisions, Call Attention to Foreign Enforcement
  March 17, 2008
• Foreign Corrupt Practices Act in Russia: Compliance Strategies Given Russia’s Unique Cultural and Governmental Intricacies
• Pat Norton to Co-Chair First-Ever China Summit on Anti-Corruption in China
• David Lorello Leads Workshop at the European Forum on Anti-Corruption
• Lucinda Low Speaks on "The Extra-Territorial Reach of the FCPA" at the European Anti-Corruption Forum in London

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