Foreign Corrupt Practices Act
What was taboo under the “Washington Consensus” is today the norm, particularly sizable government stakes in leading industries, whether in the form of ownership, management, subsidies, or other forms of preferential treatment. More fundamental than this shift in the regulatory environment is an evolution in the very nature of the players. The many variations that occur when public not only meets private but blends with it are what we can call “hybrid governance”: government-sponsored entities with multi-stakeholder management, publicly financed corporations that compete in the international marketplace, federally chartered bodies with substantial private investment, and other combinations.
We help our clients identify, quantify, and prioritize their most important risks as well as related returns. We do this using a combination of advanced quantification methods and the systematic integration of qualitative factors. 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.
To complement statistically validated approaches, we integrate technology, especially in risk measurement and management reporting. In close cooperation with our Information Technology Practice, we advise our clients on appropriate data and IT solutions. As a result, our clients gain a clearer perspective of their most important risks and the related returns, as well as on the structure of their portfolio of risks and how they can use insights in order to improve strategic, financial, and operational decision making.
Corporate and Individual Investigations
Our Criminal Investigations Practice has extensive experience defending companies and individuals against allegations relating to significant areas of crime. These include fraud, antitrust and securities improprieties, international trade and breaches of the Foreign Corrupt Practices Act, government contracts, healthcare and environmental crimes, and internal and regulatory investigations. Beyond the usual representation of clients in grand jury investigations and at trial, our experts have also served in a variety of unique appointed capacities, including as chief investigator and administrative prosecutor of corruption in a major labor union, as chief administrative prosecutor of allegations of torture and coerced confessions against members of a metropolitan police force, and as counsel to commissions investigating urban unrest and police misconduct.
We support owners planning mega projects by developing business cases aligned with their long-term strategic objectives, by ensuring rapid and effective decision making through our proprietary tools, and by performing key analyses to monitor the progress, economics, and risk associated with projects. more